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Nazeer Ahmed (Managing Director)     13 September 2011

Section 14(1)(d) of consumer protection act

I had purchased a flat though ICICI Bank home loan in 2006 and after processing and depostitng of the sale deed and buiders agreement the bank in my absent had made the full payment to the builder and when the property rates got hiked during the early 2007 the builder demanded me to resale the flat which i denied and subsequently the bank came up with the issue of non submission of the sale deed during march 2007 till then i had completed nearly a seven months emi's and since march 2007 till april 2008 the bank did not replied to any of my complaint through letters and other means of complaint as per their complaint procedure and i had keep paying my emi's, the bank wrote to the builder during april 2008 not to hand over the possession of the flat to me for which i had to issue a legal notice and nothing came through for three months i had moved the state consumer forum against the builder and the bank. As the case was going on in the consumer forum for which neither builder nor bank appeared and as my emi's was realising through, the bank with the help of the builder had taken the possession of the flat without prior intimation to me for which i have to lodge a complaint with the bank and nothing was coming through i had to forcefully susspend my emi's since august 2009 and after i suspension of my emi's the bank came forward to file their vakalat in january 2010 and now they are taking shelter under section 14(1)(d) of consumer proctection act with a plea to dismiss the complaint ,the builder had been made exparte.

Can anyone please give me the ruling (Judgement) under section 14(1)(d)  of the consumer protection act against the bank?



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