Property case
Advocate M J
(Querist) 27 January 2013
This query is : Resolved
Good Morning respected members
My Client is a retired group D employee, who is a aged lady of 70years. a home loan was approved for her from private financial institution to the extent of 16lakhs according to the registered sale deed the bank has paid 10 lakhs to the builder for this sale, before the sale an agreement between the buyer and the saler was executed for 20lakhs but thereafter, as per the registered sale deed the finical institution has paid only 10laks to the seller which is reflecting in the original sale deed, dully signed by the seller and his partners , thereafter the financial institutional been sold to 3 different companies.
Now the present company has marked my client account as "NPA" and sent a notice under sarfaesi act, here what i would like to know is
1) Whether the present company can book my client property under Sarfaesi act has all the documents signed by my client including the registered sale deed is in the name previous company . is the present company who doesn't have any record that my client had taken any homeloan from the said present company, Is it legal for the present company to book my client under sarfesi act.
2) As per the approved loan is 15lahks, as per the sale agreement it is 20lahks but as per the actual registered sale deed it is only 10lakhs given by the financial institution to the builder , for which the builder has clearly specified that the said property is sold for only 10lakhs, but the financial institution is demanding 15 lakhs from my client . how to defend her and get her justice to pay 10lahks as per the registered sale deed
3)Can we approach the consumer forum for this
THANK YOU
ANIL KUMAR 8867907494
(Expert) 27 January 2013
1. Present company has absolutely right to initiate action
2. Bank has to furnish details of payment disbursed to ur client
3. If the bank claim is more than loan taken by ur client then u can approach consumer court
Sushil Sharma
(Expert) 27 January 2013
you have to reach civil court to seek injunction against the bank.
Raj Kumar Makkad
(Expert) 27 January 2013
The jurisdiction of the civil court is specifically barred so you have to APPROACH TO DEBT RECOVERY TRIBUNAL WITHIN THE STIPULATED TIME OTHERWISE YOUR CLIENT SHALL BE SUFFERER.
