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gazala shaikh (owner)     27 May 2014

Legal advice

respected sir / madam  

i have purchase flat in the year 2006 & taken RS 1000000/- ten lakh housing loan from co op bank & paid all the balance payment to the builder as per registered agreement & bank issued  payorder in of Rs 1000000/- in the name of builder after that builder started asking for more money for the possession of the flat & the dispute started & he didnt give me the possesion of the flat & i have to go to do the police complaint .police told me it is civil matter go to the court . when i contacted lawer  he told me you will have to deposited nagarana in court for this flat value to file this case . i didnt file any case against builder due to my poor financial condition . in the year 2011 builder was arrested for cheating in his scheme with so many people & so many banks & after 6 month builder was released on bail & i am cheated very badly by builder . till april 2014 i paid regular bank EMI or e.g i have taken loan RS 1000000/- & paid RS 989000/- nine lakh eighty nine thousand . bank called me & told me to closed this account immediately or bank telling me we will attach your other property for this loan . kindly advice me i am in  big trouble     



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 May 2014

approach banking ombudsmen and submit your grievance. They give you a mediation chance.

gazala shaikh (owner)     29 May 2014

ramachary  sir   how i will start this first step . what is the address of banking ombudsmen . sure they will give me mediation chance & is their any  law against bank i can go .

thanking you 

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     29 May 2014

You have to file suit for specific performance against the builder in civil court besides police complaint. You can also claim compensation for the delayed possession of flat from the builder.


As for as the bank is concerned, since you are the regular payer of EMI as agreed in your loan agreement, you need not worry. As long as you performing your side by paying EMI as agreed, the bank can not take any action against you or your property.


If there is any threaten from the bank, you can move  Court for claiming compensation for the mental agony caused by them after sending legal notice.

NPKailaasam (ADVOCATE & Management Consultant)     29 May 2014

Yes,it is correct advice and also approch banking ombudsmen for any troubles by the bank side to protect yourself and to clear the dispute .

gazala shaikh (owner)     29 May 2014

lawer saleema  kabeer  my lawer told me  if i want to file civil suit against builder  i will have deposit nazarana in civil court against property value to file suit & right now my finincial  condition is poor  i cannot go to court . 

seetharamarao (ex Farm manager)     30 May 2014

I am the JDr. in a money recovery suit filed by a bank. For default of payment of E.P.amount, my house was auctioned and but, at a cheapest rate compared to registrar market rate and local market rate.In the CRP filed by me before Auction sale confirmation on the irregularities in the said auction sale, the A.P.High Court has stayed all further procdgs. of lower court subject to my deposition of the entire E.P.amount. I have scrupulously deposited the amount with in the time frame ordered by the court before sale confirmation. But, at this stage the bench judge in H.C.was changed and the new judge came over has dismissed my CRP finding no merits in my challenge in the court auction( It is not a DRT case). No whisper IN THE JUDGMENT of my deposition of E.P.amount in the lower court as per earlier orders of HC. I got filed a SLP in Supremecourt- Dismissed at admission level itself as also its Review.With this dismissal in Sup. Court,the lower court confirmed the auction sale, issued sale certificate to the bidder and handed over the possesion of the E.P.property (my residential house) to him.The area handed over to him by the Bailff also is more than what was proclaimed, and ordered in Possesion warrant. The auction sale proceeds and also my deposited money , both are still in the court. At this stage I got filed a Review Petition in HC ( Because the dismissal of my SLP was was a NON SPOKEN ORDER.But, my Review petition in the HC was also dismissed observing wrongly that I have remitted the E.P.amount "after sale confirmation" which is a patent error miscarrying the justice due to me in the HC.However refund of my deposited money was ordered in the Review Petition in HC.Meanwhile , some other Decree holders against me in two defferent case have filed petitions for attachment of my deposited money which was ordered by HC  entitling me for taking refund. So, advice me of any more chances to save my house and deposited money.

T. Kalaiselvan, Advocate (Advocate)     31 May 2014

@Gazala Shaik, first understand what learned advocate Ms.Saleema Kabeer has advised you.  She differs to that of your lawyer's advise.  She has guided you properly and her advise will not cost you anything as feared by you.  However, the aspect of specific performance will not be effective because in my opinion, the sale agreement stands barred by limitation. Since you are regularly re-paying the loan with interest through EMI, the bank should not bother you to repay the entire loan amount immediately, the EMI covers full tenure of the loan hence the bank cannot demand the same which is against the T&C for grant of loan.  You change the lawyer and consult another lawyer for more proper advise/opinion.


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