Loan closure certificate based on drt case order
Querist :
Anonymous
(Querist) 11 November 2023
This query is : Resolved
Hi Everyone,
I had a Joint ownership flat with my estranged husband who had kept the flat in his possession for 4 years without paying any home loan EMIs.. During these years my husband had stopped taking any calls from the bank or me.. so bank people were pressurizing me to pay the EMI as I was the co-owner and loan applicant .. I do not have means to pay the amount so I repetitively requested bank to initiate the SARFEASI action but they did so after years of delay.. Later Bank sold the flat at lesser price and filed case in DRT to recover interest accumulated over years and differential loan amount which is 40+ lakhs eventhough the differential loan amount was just 7 lakhs and rest was interest accumulated over years (due to delay in their action).. Paying 7 lakhs is very difficult for me.. 30+ lakhs of interest is beyond thinkable for me and their harassment was too much for me to take in.. so I stopped responding to bank calls .. Recently I came to know that DRT has disposed the case with below comments :
"As applicant bank did not take any steps to prosecute the case diligently, despite posting the matter peremptorily for processing PA and OD and even after disallowing interest for defaulted period, TA stands dismissed for default and non-prosecution, however without costs."
Could anyone please help me confirm if this mean I am not liable to pay any amount to bank against the accumulated interest ? Is there a way I can get some letter from bank that all dues are cleared ? if yes how can I get such letter ?
Thanks in advance
kavksatyanarayana
(Expert) 12 November 2023
Without informing you (the loaners) the DRT cannot sell the flat. How did you know that the DRT dispose the case? You obtain the details from the bank whether it is correct or not?
T. Kalaiselvan, Advocate
(Expert) 13 November 2023
You have already posted this question in a different thread, now you are repeating it on a different title
However the answer is that the DRT passed an order against the bank dismissing its case for default, i.e., for non prosecution.
Since the DRT has passed against the bank alone and has not specifically mentioned about waiver of the claim made by the bank, you cannot take it for granted that you have been absolved from this case or the due interest leveled against you has been waived.
The bank will refuse to furnish the letter desired by you by waiving the interest or balance amount, instead the bank may file a petition to restore the case by setting aside the dismissal order which may adversely impact you.
Better you remain silent and watch the developments in order to protect your interests accordingly
