Bank loan
A YUKTA
(Querist) 02 February 2014
This query is : Resolved
i have applied for bank loan for purchase of plot in zirakpur punjab. bank has got all documents from their empanelled advocate & found them ok. i also checked from my sources land record, everything is in order. bank sent their rep. for property identification & during this process she (accompanied by her husband) came across 3-4 person who falsely stated that this plot is disputed & have multiple registries and this colony is unauthorized, which is not the case. Now the bank is neither denying the loan & forcing to take my loan application back myself by asking TATIMA & SHIJRA REPORTS. I approached to patwari for the same & he refused to provide the same stating that residential colony where plots are numbered & presently under municipal corporation can not be given TATIMA & SHAJRA REPORTS. Property tax & development charges are paid on this residential plot also NOC to sell by MC is available. 30 YRS report, INTKAL is ok. pls suggest how to go further in this case. can i take legal action against the bank that report merely based on identification report by one person could be the reason for refusal of loan.
A YUKTA
(Querist) 02 February 2014
YES AND SAD PART IS THAT I AM EMPLOYEE OF THE SAME BANK. I HOPE U CAN UNDERSTAND MY PLIGHT. BUT I AM READY TO TAKE LEGAL ACTION IF BANK REFUSE TO GRANT LOAN. THIS LOAN IS APPLIED UNDER PUBLIC SCHEME.
Sudhir Kumar, Advocate
(Expert) 03 February 2014
if it is employee loan then consumer relations may not be there but in this case it appears it is not employee loan?
Rajendra K Goyal
(Expert) 03 February 2014
If you are employee of same Bank, take the help of employees association. Gather the information from nearby property holders who have taken loan also get the information under RTI that TATIMA & SHAJRA REPORTS are not provided in the area. If the MC is passing Map gather the information. After all these approach your Assistant General Manager / Regional Manager. Housing loan is the thrust area for Banks.
malipeddi jaggarao
(Expert) 03 February 2014
You can produce all the record to the next higher authority and convince him that are being denied the loan on frivolous grounds.
I beg to differ to the expert Rajendra Goyal's suggestion to take assistance of bank associations. They are worthless. They are the dadas who collect their halta in the name of monthly contributions. Unions and associations are died long back in the banks. Instead you can fight on your own if necessary. But being the employee, going legally against the bank is not advisable at this stage. Shift the matter to next higher authority and represent properly.
Guest
(Expert) 03 February 2014
Your case being complicated, better take help by seeking personal appointment with some expert on property and banking laws and get the whole of the property documents examined carefully for appropriate advice for the course of action on your part.
Rajendra K Goyal
(Expert) 03 February 2014
Humbly differ with the expert malipeddi jaggarao ji regarding Bank Unions, the views of expert may be true to some extent but in all cases it is not true in all cases.
The Author should contact senior officers with request, they may help.
Another option is to seek the departmental permission from Bank to avail loan from other Bank and proceed.
A YUKTA
(Querist) 03 February 2014
thnx for all experts views, some of them are truly helpful & guiding. surely i shall represent my case to my seniors (agm/dgm) with all documents.
Sudhir Kumar, Advocate
(Expert) 04 February 2014
after liberalization in banking the unions of Govt bank employees are no more a terror.
He can insist that the Govt Bank's valuer since being remunerated PSU is a public servant and having framed incorrect report he is public servant.
In any case he can apply for non-encumbrance certificate from Distt Govt pleader.
A YUKTA
(Querist) 04 February 2014
the report is not filed by valuer but bank's own loan dept officer. How non-encumbrance certificate can help me in getting my case strong. what does it prove.
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
Non-encumbrance certificate will establish that the property is free from any litigation/mortgage transaction etc.
Sudhir Kumar, Advocate
(Expert) 05 February 2014
Govt Bank's own officer?
Public Servant ?
Indian Penal code
Section 167. Public servant farming an incorrect document with intent to cause injury
Whoever, being a public servant, and being, as 1[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundÂable.
