GURGAON GRAMIN BANK GURAWARA Vs. ANIL KUMAR

JUDGEMENT

(1.) Gurgaon Gramin Bank, Petitioner herein which was the Opposite Party before the District Forum has filed this Revision Petition against the Order dated 12.12.2006 passed by the State Consumer Disputes Redressal Commission, UT, Chandigarh (for short, the State Commission) by which the State Commission has upheld the Order of the District Consumer Disputes Redressal Forum (for short the District Forum).

(2.) Respondent-Complainant was having a Saving Bank Account with the Petitioner. Respondent along with one Balbir stood guarantor for the loan amount of Rs. 8000/- secured by one Ravi Kumar on 23rd March 1990. The aforesaid amount was payable in 54 instalments each amounting to Rs. 150/- commencing from 22nd April, 1990. The last installment was to be paid on or before 22.9.1994. Ravi Kumar failed to maintain the financial discipline and committed default towards repayment of the loan in the year 1993. Left with no other alternative, Petitioner Bank issued a notice dated 6.11.999 to all the concerned parties including the Respondent demanding to regulate the loan account and informing the borrower and sureties that an amount of Rs. 18,794/- plus interest from 1.10.1999 was due and outstanding against the borrower, failing which the amount would be recovered from their Saving Bank Accounts. No reply was received from Respondent or Ravi Kumar. As the loanee as well as Respondent who stood guarantor for the loan amount, failed to make any payment to regulate the loan account, Petitioner on 20th November, 1999 debited the sum of Rs. 9500/- from the SB Account of the Respondent and credited the same in the Loan account. Respondent, being aggrieved, filed a complaint before the District Forum.

(3.) On notice being issued, Petitioner entered appearance and took the stand that the Complainant, being guarantor, was jointly and severally liable along with the loanee for repayment of the loan amount advanced to Ravi Kumar. That at the time of granting loan, it was made clear to the Respondent that he will be jointly and severally liable along with the loanee for the payment of the loan amount in case of failure of Ravi Kumar to pay the same.