CC Filed on 25.02.2011
Disposed on 28.04.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 28th day of April 2011
PRESENT:
Sri. G.V.HEGDE, President.
Sri. T.NAGARAJA, Member.
Smt. K.G.SHANTALA, Member.
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Consumer Complaint No. 55/2011
Between:
BEML Employees Credit Co-operative Society (Regd.), Maharaja Road, Robertsonpet, Kolar Gold Fields. Represented by its: Secretary. | ….Complainant |
V/S 1. Sri. Venkatapathy, Govt.LowerPrimary School, Kunndarasana Halli, Bangarpet Taluk. 2. The Block Educational Officer, B.E.O Office, Robertsonpet, K.G.F. | ….Opposite Parties |
ORDERS
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.,
2. The material facts of complainant’s case may be stated as follows:
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 28.07.2003 agreeing to repay the loan and interest in 53 monthly installments of Rs.1,400/- and in default agreeing to pay overdue interest at one and a quarter time the ordinary rate of interest from the due date to the date of regularization of payment. Further that OP.1 has been working under OP.2 who is Pay Disbursing Officer and that OP.2 had undertaken to deduct the installments becoming due out of the salary payable to OP.1 and to remit the same to complainant society and that OP.2 failed to deduct the said installments as undertaken 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.
3. In response to the notices issued by this Forum, OP.1 appeared in person and he admitted the borrowing of the loan on complainant and consented to pay Rs.2,000/- per month out of his salary and he stated that OP.2 is Pay Disbursing Officer. OP.2 remained absent though served with notice.
4. The averments in the complaint may be believed to be true as OP.1 has admitted the borrowing of loan from complainant on executing the documents. OP.1 has also agreed to pay Rs.2,000/- per month towards the discharge of loan and interest and he agreed that an order may be passed to that effect. Hence we pass the following:
O R D E R
The complaint is allowed. OP.2 is directed to deduct Rs.2,000/- per month out of the monthly salary payable to OP.1 and to credit the same to complainant-society till the closure of loan. The parties shall bear their own costs.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 28th day of April 2011.
MEMBER MEMBER PRESIDENT
