Uttar Pradesh

Aligarh

CC/56/2015

SHANKAR LAL - Complainant(s)

Versus

SMT PRATIBHA VAHITH - Opp.Party(s)

15 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/56/2015 ( Date of Filing : 20 May 2015 )   1. SHANKAR LAL S/O SRI VEDRAM R/O SHIVDAN SINGH NAGAR IGLAS ALIGARH ...........Complainant(s) Versus 1. SMT PRATIBHA VAHITH R/O SHIVDAN SINGH NAGAR IGLAS ALIGARH 2. BM SHEYES GRAMIN BANK BRANCH IGLAS ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 15 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  directing the ops to deposit the amount Rs.39000/ with interest in the bank account of the complainant. The Complainant has stated that the Op no.1 had taken the amounting Rs.180000/ from the Op no.2 bank branch as teacher loan. The account no. is TL 6661 and the complainant was guarantor. The complainant with the connivance of the bank got the amount is 30000/ transferred on 15.6.2012 from his account to her TL account No. 6661 complainant has sent a legal notice dated 30.8.2014 his was replied on 8.9.2014. Complainant has filed this case against the misappropriation of the amount committed by the OP.   Op no.1 submitted in WS that the complainant took loan of Rs.180000/ and entered into agreement with the bank for availing of loan and instalment was fixed at Rs.4000/ per month. Op no.1 stated in the WS that she had pay the loan amount while she was posted in block Iglas and she is not competent to get the amount deposited in her account having withdrawn the amount from other account. Op no.1 stated in the WS that op no. 1 had taken teacher loan Rs.180000/ and the complainant was collaterally liable. The account had become irregular and the amount Rs.39000/ was debited from the account of the complainant and the said amount was transferred to the loan account of the Op no.1 and the Op bank was authorized to do so.  Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether complainant entitled to relief claims? Admittedly, Complainant is the guarantor of the borrower Op no.1 who borrowed the loan from op no.2 bank. Op no.2 bank is entitled to recover the the loan amount either from borrower or from his  guarantor. Op no.2 has not committed any deficiency in service in recovering loan amount from the guarantor/complainant. Complaint is liable to be dismissed.  The question formulated above is decided against the complainant.  Complaint is hereby dismissed. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER