CC.No.81/2022

Dated:06.04.2022

ORDERS ON MAINTAINABILITY

Heard the counsel for the complainant regarding maintainability. On perusing the contents of the complaint and the documents produced, it becomes clear, that the complainant is a guarantor to one of his colleague YP Mallesh for the loan obtained by him from OP-1. It can be also made out from the correspondences made by the bank to the Joint Commissioner of BBMP and to the Accounts Officer i.e. OP-2 and 3 that, the said Mallesh the borrower died and has not repaid the loan amount for which this complainant stood as a guarantor.  In order to exercise the right against the guarantor, OP-1 has placed a block on the account of the complainant.  It is the duty of the complainant either to see that the outstanding loan amount is paid by the legal representatives of the deceased YP Mallesh or that he has to pay the amount and then recover the same.

The block laid down to the account of the complainant by OP-1 is the exercise of the right to recover the loan amount outstanding from YP Mallesh.  Hence the said act of OP-1 cannot be termed as deficiency in service or unfair trade practice. 

There is no relationship of consumer and service provider in this complaint and the complaint is not maintainable under the Consumer Protection Act as OP-1 has exercised  its right to recover.  Hence THIS COMPLAINT IS DISMISSED.

MEMBER             MEMBER              PRESIDENT