Rajasthan

StateCommission

A/58/2016

Manager, Shriram Transport Finance Company Ltd. - Complainant(s)

Versus

Ramhari s/o Babu Lal - Opp.Party(s)

Puneet Sharma

07 Sep 2017

ORDER

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

 

 

FIRST APPEAL NO: 58 /2016

 

Sriram Transport Finance Co. Branch Sawaimadhopur Jawahar Nagar, Gulab Bagh, Bajaria, Sawaimadhopur.

Vs.

Ram Hari s/o Nathulal r/ovillage Khandar Distt. Sawaimadhopur.

 

Date of Order 7.9.2017

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Puneet Sharma counsel for the appellant

 

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

 

This appeal has been filed against the order of the learned District Forum, Sawaimadhopur dated 11.12.2015

 

2

 

whereby the claim has been allowed against the appellant.

 

Heard the counsel for the appellant and perused the impugned judgment as well as original record of the case. None appeared on behalf of the respondent inspite of service of notice.

 

The only contention of the appellant is that respondent complainant is guarantor for the loan given to Mithun Singh Gurjar 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 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.

 

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In view of the above, the appeal is allowed and the order of the Forum below dated 11.12.2015 is set aside.

 

(Nisha Gupta) President

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