Harrasment
not happy
(Querist) 16 February 2014
This query is : Resolved
I narrate the complete case kindly guide me how to proceed with i am a female working in a government school in tamil nadu .i taken a loan from Co-operative society where as I signed a guarantor for my principal and he signed for me. In this situation I had a personal misunderstanding with him and completely stop talking to him. I got due for my co-operative societies loan where as he too have dues but being a drawing officer with the personal vengeance he detected only my due amount where as many of them woking in the same school having dues months to gether. Co-operative society given only due notice for all the staffs not mention only my name but he detected only my salary knowing. By knowing I am away from husband and I cannot defend myself he is putting lot off work discrimination and financial pressure on me. I field an RTI on this incident to know the fact still now he never replied for it and also he informed to close friend that let me see how she will take housing loan . kindly guide me how to approach this incident. Is there a possibility to with draw my guarantorship or how can I make him to pay the dues. Note :- no one had paid due months together even he got due.
Anirudh
(Expert) 16 February 2014
The co-operative society having disbursed the loan after obtaining guarantee from you, I don't think you would be able to withdraw the guarantee once given, whatever be the circumstances / differences between you and the principal.
Being a guarantor, you would be liable for the default of the principal for whom you stood guarantee.
P. Venu
(Expert) 17 February 2014
The action of the principal obtaining guarantee from his subordinate is improper.
Rajendra K Goyal
(Expert) 17 February 2014
Since you are the guarantor in the loan to your principal from Co operative Society, in case of his default you have to pay the outstanding. You can send notice to principal and the society that you want to withdraw your guarantee hence the principal should arrange for alternate guarantee if acceptable to society or pay back the loan.
Your liability can not be over till whole of the loan is repaid by him.
The principal was justified in deducting the overdue of society from your pay on receipt of notice. You can not take the plea that it should not be paid back as it was not paid by others. It was your liability.
If he is pressurizing you unnecessarily you can take the help of "Indian Law on Sexual Harassment of Women at Workplace - 2013"
Isaac Gabriel
(Expert) 17 February 2014
You can demand the society to initiate action under section 90 of the Tamilnadu coop.societies act.The Registrar can also take action against the pay drawing officer for not having effected the recovery as per the demand letter sent by the society.Neverthless,bring this to the notice of the circle Deputy Registrar of coop.socities.
Anirudh
(Expert) 18 February 2014
Dear Mr. Gabriel,
Pl. also give your views whether the querist can withdraw the guarantee given by her.
prabhakar singh
(Expert) 18 February 2014
It was a loan from co-operative institution
wherein all of you are debtor for amount and
surety for other borrowers and all of you are jointly and severally liable to pay back dues of society.
The Liability of the sureties is co-extensive with that of the principal debtor. Consequently creditor can proceed against the principal debtor or against the sureties, unless it is otherwise provided in the contract. The same should also be the principle with regard to the rights and liabilities between co-sureties as well. A co-surety cannot insist that the creditor should proceed either against the principal debtor or against other sureties before proceeding against him.
A Surety can be deemed as discharged only when creditor varies the terms of contract without his consent and discharges the debtor,or enlarges time,or promises not to sue debtor by an agreement but his mere forbearance to sue does not cause any discharge.We should look into chapter VIII
of Indians Contract Act to understand the legal implications of contract of guarantee.
So all that you can do against the principal of school is what has been already advised by Mr.Goyal.
Dr J C Vashista
(Expert) 18 February 2014
The guarantor is equally laible for the debt owned by the principle borrower.
The society is well within its rights to sue the sureity.
The society will (not optional) proceed against the principal debtor as well as against the surety
Isaac Gabriel
(Expert) 18 February 2014
Dear Anirudh,
The guarantee once given cannot be withdrawn or revoked until the loan is cleared.Your observation to this effect is correct.If an arbitration is filed,the principal borrower is liable to pay penal interest and summary recovery may also be ordered.In such an event,the borrower's salary could be attached through court of law.The department may also initiate action against the drawing and disbursing officer for having failed to adhere to the condition given at the time of signing the undertaking for recovery from salary.
Anirudh
(Expert) 18 February 2014
Dear Mr. Gabriel,
THANK YOU VERY MUCH.
ajay sethi
(Expert) 18 February 2014
well advised by experts
T. Kalaiselvan, Advocate
(Expert) 16 February 2014
