CC Filed on 29.09.2009<br /> Disposed on 11.12.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 11th day of December 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 159/2009<br /> <br /> Between:<br /> <br /> <br /> BEML Employees Credit <br /> Co-operative Society (Regd.),<br /> Maharaja Road,<br /> Robertsonpet,<br /> Kolar Gold Fields.<br /> <br /> Represented by its:<br /> Secretary. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. V.R. Kabila Kumari,<br /> Govt. High School,<br /> Dodda Chinnahalli,<br /> Via Oorgaumpet.<br /> <br /> <br /> 2. The Head Master,<br /> Govt. High School,<br /> Dodda Chinnahalli,<br /> Via Oorgaumpet. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party No.2 to effect prompt deduction of the loan installments as undertaken by him and to credit the same to complainant-society with costs, etc.,<br /> <br /> 2. The material facts of complainant’s case as pleaded and submitted during oral argument may be stated as follows:<br /> That the complainant is a credit co-operative society and OP.1 who is working as a government servant, is an associate member of complainant society and that OP.1 had borrowed Rs.50,000/- on 17.03.2003 agreeing to repay the loan and interest in certain installments. <br /> <br /> Further that at the time of obtaining the loan OP.1 was working in Govt. High School, Kayasamballi, Bangarpet Taluk and the Head Master who was Pay Disbursing Officer had given an undertaking by his letter dated 13.03.2003 to deduct the installments becoming due out of the salary payable to OP.1 and to remit the same to complainant society and that in the event of the transfer of OP.1 during the pendency of the loan he would inform the concerned Salary Disbursement Authority to deduct the installment and to remit the same to complainant and that in the event of transfer/VRS/recognition/superannuation/termination the balance of loan amount would be settled out of final amount payable to OP.1. It is submitted that during argument that OP.1 has been transferred to Govt. High School, Doddachinnahalli and he is working there under OP.2 who is the Pay Disbursing Officer. <br /> <br /> It is alleged that OP.2 failed to deduct the said installments and to remit to complainant-society. It is alleged that OP.1 has also failed to repay the loan and the installments. It is alleged that for the present certain amount is outstanding in the said loan account of OP.1. <br /> <br /> 3. In response to the notices issued by this Forum to OPs, they remained absent though notices were served on them. They have not filed any version. <br /> <br /> 4. The complainant has produced the copy of undertaking dated 13.03.2003 given by Head Master Govt. High School, Kayasamballi, Bangarpet Taluk. This undertaking shows that he had undertaken to deduct the installments due out of the monthly salary of OP.1 and to credit the same to complainant and further he had undertaken to intimate the concerned Salary Disbursing Authority to make the deduction in the event of the transfer of OP.1 to other places. The giving of undertaking by said Head Master can be believed. In that event OP.2 is required to deduct the installments out of the salary of OP.1 and to credit the same to complainant-society.<br /> <br /> 5. In view of the above facts we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.2 - The Head Master, Govt. High School, Dodda Chinnahalli is directed to deduct Rs.2,000/- per month and to credit the same to complainant-society out of the monthly salary payable to OP.1 for the subsequent months. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 11th day of December 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />