Rajasthan

StateCommission

FA/440/2014

Indusind Bank Limted - Complainant(s)

Versus

Dharamveer Gurjar s/o Ramkaran Gurjar - Opp.Party(s)

Ajay Ran Tantia

24 Feb 2015

ORDER

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

 

APPEAL NO: 440/2014

 

Indusind Bank Ltd., regd.office 2401 General Thimaiya Road (East Street) Contonment, Pune & ors.

Vs.

Dharamveer Gurjar s/o Ramkaran Gurjar r/o Bambore Gate, Jaipur Road, Tonk. Rajasthan

 

Date of Order 24.02.2015

 

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mrs. Sunita Ranka- Member

 

Mr.Ajayraj Tantia counsel for the appellants

Mr.Pankaj Jain counsel for the respondent

 

BY THE STATE COMMISSION

 

This appeal has been filed against the judgment of learned

 

2

 

DCF,Tonk dated 9.4.2014 by which it allowed the complaint.

 

The complainant had taken a financial assistance from the appellant bank for purchase of vehicle RJ 26 GA 1556. The loan against this vehicle was fully re-paid but the appellant bank did not issue NOC on the ground that another loan was pending against the complainant. He filed a complaint before the learned DCF who allowed the complaint.

 

The learned counsel for the appellant has cited before us a judgment of the Hon'ble Supreme Court on the point of General Lien under which the financial institution have a right to with-hold NOC on the ground of other outstanding loans.

 

This is not in dispute that the complainant is also a co-borrower in another loan from the appellant bank. He had also got financed another vehicle from the bank under contract RJAA08233 and he is co-borrower with Ram Singh Gurjar and that loan is still pending against them. Since he is a co-borrower in the second loan, the bank has committed no deficiency in service in view of the principles laid down by the Hon'ble Supreme Court in M Mallika Vs. State Bank of India ( IV (2006) CPJ 1 (NC) ) and Syndicate Bank Vs. Vijay Kumar ( 1992 (2) SCC 330 ).

3

 

In view of this the appeal deserves to be allowed and the same is allowed. The judgment of the learned DCF is quashed and set aside.

 

 

(Sunita Ranka) (Vinay Kumar Chawla)

Member Presiding Member

 

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