Help reg. flat allotment n bank negligence
hemant
(Querist) 15 August 2014
This query is : Resolved
All Respected EXPERTS,
your help is required,please
Please give your opinion and case laws with citations
1. a person "A" applied for a flat of "B" authority in response to a public notice ( where by the authority authorized Bank C to sale and accept forms of its flat scheme ) through Bank "C" as per advt. of authority and got his application financed by bank.
2. B mentioned in the information brocher that the result of allotment will be displayed on website.
3. B posted the result on website which A was due to his busy exam schedule could not see.
4. Authority posted the origional allotment letter at address of bank in name of A instead of sending the allotment letter to the applicant , which bank negligently did not handed over to A nor informed A about his allotment.
5. A got the information about his allotment of flat after last date of payment from third person.
6. when A contacted authority they said they informed the bank hence they are not liable (whereas in earlier schemes the authority always informed the applicant and sent allotment letters to the applicants.)
The authority changed this practice without notice.
7. when A contacted Bank they said they are under no obligation to inform the applicant about the receipt of allotment letter on his behalf as it is not written in the contract of financing the application for flat made by A with the Bank.
8. Now authority has declined refund of money and has served notice of cancellation of allotment.
9. Bank has debited the financed amount from the account of A.
10. Result - A got nothing neither flat nor refund.
Please advice A
Devajyoti Barman
(Expert) 15 August 2014
who are you and how are you related to this query?
Citations are not supplied here.
ROHIT SHARMA
(Expert) 15 August 2014
Dear Mr.Hemant,
1. This is very intriguing case.
2. As i read the contents in the brochure conveyed the information that the final allotment when done will be displayed on the website. This information was not in fact an allotment letter but a news that was relayed.
3. "A" having not been able to view this information on website does not curtail or impedes the actual allotment done.
4. "B" procedurally as required had send the original allotment letter to bank "C'.
This fact was confirmed to "A" by bank "C" after the original allotment made in favor of "A" was released to third party who then had already made the payment since he was offered such allotment made to "A" probably assuming on the grounds that "A" had not shown any interest in such allotment and the letter of such original allotment was not dispatched by the bank "C" to "A' deeming it that it was not their responsibility but it was that of "B" to have sent such original allotment
to "A".
5. The procedural aspect of delivering the original allotment letter it seems was not revealed in the brochure and this was the covert way of not making the procedure more transparent. This is what i call is a a conceit and amounts to hiding of facts.
6. Of course there must have been a time period that was spent from the date of the information released on web site and the forwarding of the original allotment letter by "B" to "C" and also thereafter a period of time when "C" transferred the allotment letter in favor of the third party. During this period "C" failed to inform "A" about the original allotment letter and thus covertly transferred the allotment of the flat to the third party. This failure of "C" to inform "A" of the original letter of allotment is deemed as culpable negligence.
7. It is a fact that "A" had deposited the advance subscription money as stated in the advertisement inserted by "B" to the bank "C".
8. The other fact that "A" had also applied for finance for flat and that too was also approved while the subscription form was accepted by bank "C" with the earnest deposit.
9. The escape route adopted by the bank "C' in declining the allotment of the flat to "A" on the pretext that bank "C" was not under any legal obligation as such to have informed "A" of the existence of the original allotment letter held in their custody. This explanation given by the bank "C" shows a predetermined modus-operandi of cheating adopted by bank "C".
10. The bank "C' has debited the finance charges and "B" is not refunding the earnest deposit made by 'A".
11. Naturally the third party would have been favored by both "B' & "C" because the third party must have offered to purchase the flat by paying premium and that is how bank "C" and "B" ( the advertiser of the scheme) have obtained wrongful gains causing wrongful loss to "A'. This is an ingredient of cheating.
12. The fact that the original allotment letter should have been mailed by either "B" or "C" to "A" is a issue of fact and can be litigated as a way of perpetuating a fraud.
13. The other ingredient of cheating is that "A" was induced to believe that whenever the result of the allotment is declared on the website "A" would send such original letter to "A" so that "A" could then follow the later procedural process with bank "C" and could then get the flat finally allotted on his name. Believing that this was the procedure that was being conveyed through the advertisement "A" was induced to part with his money.
14. Both "B" and "C" have obtained wrongful gains and "A" has suffered wrongful loss. This is a true fact.
15. The legal remedy for "A" is to file a private magisterial criminal complaint against both "B" & C" before the court of District Civil Judge & Judicial Magistrate First class under whose jurisdiction such property of flat is located - alleging act of commission by "B" and "C" of cheating by giving advertisement hiding essential terms and conditions and practiced fraud thereby and inducing "A" to part with his money.
16. If need be for more deliberations contact this lawyer. Click the green button besides the name of the expert(mine) which is shown in the L.H.S margin of this reply format. Of course conditions for remuneration for legal consultation will apply.
Kumar Doab
(Expert) 15 August 2014
Mr. Rohit Sharma has very well illustrated.
If authority has supplied the communication to bank then it implies the bank that has financed the earnest money and prepared the instrument of remittance in favor of authority should make arrangements for payment of next payment by allottee and hence should inform the allottee.
Your lawyer after examining all docs on record may opine that you may succeed with a consumer complaint as well.
You need to approach a lawyer AS AP.
Another lesson from your post is that citizens should thoroughly go thru brochure , T&C.......................
It is always beneficial to consult in advance and avoid legal traps.
Anirudh
(Expert) 15 August 2014
Since "B" is an Authority, you should immediately consult a lawyer and file a writ petition. Any delay on your part will be against your own interest.
ajay sethi
(Expert) 16 August 2014
consult a local lawyer as advised by experts
Rajendra K Goyal
(Expert) 16 August 2014
consult a local lawyer and show him all the documents.
hemant
(Querist) 16 August 2014
Thanks to all of you for your help..thanks in deed
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
I agree with the experts that the author should consult a local expert lawyer on the subject and proceed as per his/her advise.
