Misuse of SECURITISATION ACT 2002
J. P. Shah
(Querist) 02 April 2008
This query is : Resolved
ONE OF MY FRIENDS HAS BEEN THROWN OUT OF HIS FLAT WITH WIFE AND TWO SMALL SONS BY OFFICERS OF A NATIONALISED BANK FOR AN OVERDUE OF RS.3000/-ONLY, IN HOUSING LOAN OF RS.400000/-SINCE LAST 9 MONTHS, BECAUSE HE DID NOT REPEATEDLY ENTERTAIN OFFICERS WITH LIQUOR AND NON VEG FOOD. NOW HE HAS NO FOOD, CLOTHS, HOUSE, MEDICINES, HIS BANK-FILES AND MEANS/TOOLS OF SURVIVAL AND EARNING. HE LOST BUSINESS IN THIS PERIOD.THEY ARE SURVIVING IN A ASHRAM. HE HAS NO MONEY TO PAY FEES TO DRT/COURT OR ENGAGE ADVOCATE. DRT IS NOT ACCEPTING APPLICATION WITHOUT ADVOCATE AND FEE OF RS.12000/-. LOCAL POLICE IS NOT DOING ANYTHING ON HIS COMPLAINT. V HAVE OBTAINED SOME INFORMATION UNDER RTI ACT, WHICH SUBSTANTIATES THAT BANK OFFICERS HAVE GROSSLY VIOLATED LAW OF LAND, SUPREME/HIGH COURT JUDGEMTNS AND RBI CIRCULARS NOT TO RESORT TO ABUSIVE RECOVERY METHODS. NINE FUNDAMENTAL RIGHTS HAVE BEEN VIOLATED. COMPT WITH NHRC IS NOT ATTENDED BY THEM.LEGAL AID ADVOCATE IS ILLEGALLY ASKING FOR MONEY TO FILE WRIT. BANK HAS DEPRIVED HIM OF INFORMATION AND MONEY TO DEFEND HIM.DRT IS THE APPELLATE TRIBUNAL FOR ACTION OF BANK UNDER SECURITISATION [SRFAESI] ACT 2002 U/S 17. RBI IS NOT RESPONDING DESPITE TWO REMINDERS, LAST TO GOVERNOR OF RBI. ADVOCATES ARE DEMANDING RS. 40 TO 50000/-FOR JUST FILING WRIT IN HIGH COURT. DRT ADVOCATE WANTS RS.25000/- FEE FOR FILING FRESH APPLICATION IN DRT. FURTHER DELAY BY GOVT MAY PROVE FATAL TO THIS FAMILY. BANK H.O. IS SUPPORTING ERRING OFFICERS SO THAT OTHER DO NOT GET DEMORALISE FOR RECOVERY. THIS IS CASE OF A COMMON MAN OF INDIA VERSUS BIG NATIONALISED BANK, WHICH IS ACTUALLY MANDATED TO HELP AND DEVELOP COMMON MAN !
OUR LEARNED EXPERTS MAY GUIDE FUTURE COURSE TO MY FRIEND.
octavious
(Expert) 02 April 2008
HELLO
KINDLY FILE A PETITION UNDER SARFAESI ACT, IIN DRT.
THE BANK AND ITS EXECUTIVE WILL BE CALLED IN BY DRT FOR EXPLANATION FOR WRONGFUL OPERATIONAL PROCEDURE ADOPTED FOR POSSESSION OF THE PROPERTY
WRIT WILL NOT BE ENTERTAINED NOR ANY OTHER COURT WILL ENTERTAIN THE MATTER, YOU HAVE TO FILE AN PETITION IF THE PROPERTY UNDER 10LAC AND AN APPEAL IF THE PROPERTY IS WORTH MORE THAN 10LACS IN DRT
MATTER WILL BE DECIDED, WITHIN 45 DAYS AND MAXIMUM TIME WOULD BE 3.5YEARS
THE BANK WILL NOT BE ABLE TO SELL OR DISPOSE OF THE PROPERTY TILL THE MATTER IS IN APPEAL OR PETITION IS FILED IN DRT
KINDLY REFER SEC 13,17,19 OF SARFAESI ACT
DO NOT LOSE HOPE,YOU HAVE THE CASE IN YOUR FAVOR
THANK YOU
OCTAVIOUS
J. P. Shah
(Querist) 02 April 2008
THANKS A LOT SIR, BUT THE FRIEND IS NOT HAVING FEES AND ADVOCATE CHARGES RS.25000/- CAN HE GET LEGAL AID IN DRT. HE HAD SENT APPEAL AND A REMINDER TO DRT WITH ALL DETAILS, BUT ON VISIT TO DRT HE WAS INFORMED BY A ADVOCAE THAT DRT WILL NOT TOUCH HIS PAPERS SENT BY REGISTERED POST EARLIER, UNLESS FEE AND ADVOCATE IS ARRANGED. WHAT TO DO.
octavious
(Expert) 03 April 2008
HELLO,
YOU YOURSELF CAN FILE THE SAME,WITHOUT THE HELP OF ANY LAWYER,
THE LAWYER, IS JUST LYING AND FOOLING YOU OUT, KINDLY FIND A NEW LAWYER.
DRT WILL NOT ENTERTAIN, ANY CASE ON THE BASE OF REGISTERED POST, KINDLY APPEAR IN PERSON AND WHEN IN DRT, THE GROUNDS OF APPEAL SHOULD BE LAPSE OF OPERATIONAL PROCEDURE ADOPTED BY RECOVERY OFFICER AND, NOT CHALLENGING THE ORDERS OF POSSESSION OF THE PROPERTY
THE LAWYER NEEDS TO BE CHANGED
THANK YOU
OCTAVIOUS
J. P. Shah
(Querist) 03 April 2008
THANK U VERY MUCH. MY FRIEND SAYS TO U THAT HE WILL REMAIN OBLIGED TO YOU FOR YOUR KIND GUIDANCE.
