Civil suit filing
Vinoth Kumar
(Querist) 20 March 2012
This query is : Resolved
Sir, I have a query on filing Civil suit against defaulted customer. Customer had already filed a case at consumer forum, whether civil suit could be filed at this juncture or to wait till the consumer court case gets closed?
SAINATH DEVALLA
(Expert) 20 March 2012
Dear Vinod,
Your query is not complete.What kind of a defaulter he is? If he is a defaulter why did he file a case in the consumer forum.
Vinoth Kumar
(Querist) 20 March 2012
Dear Mr.Sainath,
Customer took Homeloan for buying land (thru a power agent of Property owner) and paid the EMIs regulary. He came to that the actual property owner has not executed any POA for selling the property. Hence they approached the consumer forum claiming that bank has not informed them about the defective title while sanctioning loan
Raj Kumar Makkad
(Expert) 20 March 2012
This is not the duty of the banker to tel him about the defective or proper title of the property. It is the banker who seeks title search for its own satisfaction either to disburse loan against such property or not.
The consumer complaint has no legal base.
If the customer of the banker has not deposited his installments in time, banker is free to initiate further action of recovery without waiting for the outcome of the consumer complaint.
Both the issues have no interconnection so banker is required to initiate its quick action of recovery of loan amount.
ajay sethi
(Expert) 20 March 2012
yes file recovery proceedings sgsinst the defaulter for recovery of outstanduing dues .
case before consumer forum may take yeears depending upon pendency of cases in forum . dont no t wait for it to be decided .
Kiran Kumar
(Expert) 20 March 2012
Bank has its own independent right.
the Recovery proceedings here are valid and are not affected by consumer litigation.
bank may proceed under DRT laws as well.
Vinoth Kumar
(Querist) 21 March 2012
Thanks a ton to all for valuable inputs.
