Rajasthan

StateCommission

A/242/2016

Shriram Transport Finance Company Limited Through M.D. - Complainant(s)

Versus

Abdull Hameed s/o Deen Mohammad Mev - Opp.Party(s)

Puneet Sharma

10 Oct 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 242 /2016

 

Sriram Transport Finance Co. Ltd., regd.office Mukambica Complex, 3^rd floor, Lady Desika Road, Maylapore, Chennai through MD & ors.

Vs.

Abdul Hameed s/o Deen Mohd. R/o village Bhadoli Post Khareda Tehsil Malakhera Distt. Alwar.

 

FIRST APPEAL NO: 243 /2016

 

Sriram Transport Finance Co. Ltd., regd.office Mukambica Complex, 3^rd floor, Lady Desika Road, Maylapore, Chennai through MD & ors.

Vs.

Abdul Hameed s/o Deen Mohd. R/o village Bhadoli Post Khareda Tehsil Malakhera Distt. Alwar.

 

Date of Order 10.10.2017

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Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Puneet Sharma counsel for the appellant

Mr. Jakir Ahmed counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

Both these appeals have been filed against the similar order hence, are decided by this common order.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

The only contention of the appellant is that respondent complainant is guarantor for the loan given to Noor Mohd. and Akhtar Hussain which is still outstanding hence, he has a right to retain the No Due Certificate in the impugned loan account and reliance has been placed on judgment passed by the Hon'ble Supreme Court in Civil Appeal No. 4613/2000 Industrial Investment Bank of India Ltd. Vs. Biswanath

3

 

Jhunjhunwala and I (2014) CPJ 551 (NC) State Bank of Patiala Vs. Kusum Kalra where it has been specifically held that the liability of guarantor and principal debtor are co-extensive and bank have every right to recover the money from the guarantor. Hence, in view of the above when money is due in other account guaranteed by the respondent, the appellant has a lien and no deficiency is committed by non-issuance of No Objection Certificate.

 

In view of the above, the appeal is allowed and the order of the Forum below dated 29.1.2016 is set aside.

 

(Nisha Gupta) President

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