JUDGMENT :

The petitioner along with her husband, who is a Jawan working with the Border Security Force, applied for a home top-up loan from the 2nd respondent. The said application is not entertained by the 2nd respondent on the ground that the credit rating of the petitioner's husband is low.

2. The petitioner applied for a home top-up loan from the 2nd respondent-Bank. The petitioner's husband was a guarantor to an Educational Loan granted by the 1st respondent-Bank. The loanee to the Educational Loan defaulted and the said account became NPA. Subsequently, the 1st respondent-Bank entered into One Time Settlement with the said loanee. The petitioner's husband was not a party to the settlement nor was given any notice of settlement.

3. However, as the said Educational Loan was settled for a lower amount than the actual amount due to the 1st respondent-Bank, the Credit Ratings of the loanee as well as the petitioner's husband, who was a guarantor, went down. As a consequence, the 2nd respondent-Bank has denied home top-up loan to the petitioner and her husband.

4. The learned Standing Counsel for the 3rd respondent-Trans Union CIBIL Limited submitted that they are acting on the basis