What is a legal way out
Nazeer Ahmed
(Querist) 03 November 2016
This query is : Resolved
I had purchase a flat to be constructed in June2006 and after the due diligence the home loan was sanctioned and disbursed to the builder as the said bank was the sole financier to the project and my EMI started from July 2006 though the construction started only from Sept 2007. During Feb 2007 when the guideline value got increased from 3200 to 20000 the builder asked me to revert the sale deed which was registered in July 2006 and I refused to honour his request and his pressure continued till March 2008 for which I have to put him to a notice. Though I did not receive a reply from the builder but I received a letter from the bank addressed to the builder and marking a copy to me which states that since I had not deposited the title deed the possession of the flat should not be given to me. I sent letters, complaints and personal visit to the bank proving that my EMI was fully being honoured and requested to withdraw the said letter which was not addressed and hence moved SCDRC against the builder and the bank in Sept 2008. Neither the bank nor the builder responded to the summon of the forum and in Aug 2010 as a collateral effect I suspended my EMI to the bank by duly informing the bank.The bank recall the loan in Dec 2010 and I showed my interest in writing to close the loan and I went personally to the bank with the payment but the bank refuse to accept it and they only insisted me to talk to the builder to come out of the problem.The bank sent me a Sarfaesi notice in July 2011 which was duly replied by recalling the entire communication and again conforming to close the loan, the bank neither replied nor proceeded further but moved the DRT by filling an O A under RDDBFI act in March 2012 and I was forced to face the trial for four years and the DRT had reserved for orders since July 2016 and still pending and in the state consumer forum the argument was completed in Sept2015 and when the president went on retirement in Jan 2016 he sou motto reopen the case and again it is posted for argument and at present there is no President appointed till date. Both the cases I am the party in person. Please guide me what should be my next course of legal action. I have not got my property till date.
Sankaranarayanan
(Expert) 03 November 2016
better to approach a local lawyer and act accordingly
adv.bharat @ PUNE
(Expert) 03 November 2016
Why have u not deposited the title deed?
Why u not give notice to builder for his pressure?
U can defeat the case on merit.
Nazeer Ahmed
(Querist) 03 November 2016
Sir, with due respect I had already stated that with DUE DILIGENCE the loan amount was dispersed to the builder in one slot since it is a project financing.
A notice had already been issued to the builder on March 2008 for that the reply of the bank was directing the builder not to hand over the possession.
I know I have the merit but the question is having taken up the fight with the mighty i e the builder and the MNC Bank here the court are not giving their verdict, in what ever form it may be.
Prakash Ramchandani
(Expert) 04 November 2016
Sir there are ways but can call 9428076082 to come out of the wAy thr laqyers club
Prakash Ramchandani
(Expert) 04 November 2016
Sir there are ways but can call 9428076082 to come out of the wAy thr laqyers club
rajeev sharma
(Expert) 04 November 2016
It is not clear from your narrative what documents were executed by builder in your favour when it received full payment from bank. Whether the agreement if any executed between you and the builder gives any right to the builder to claim enhanced amount at the time of giving possession. If a sale deed was executed in your favour why you failed to deposit that with bank ? Since you are contesting the matter before two forums and your advocate is in better knowledge of all the facts you better consult him
Nazeer Ahmed
(Querist) 05 November 2016
sir,
There is no other document than the builders agreement raised in my favour and after depositing the builder agreement and the sale deed, which the bank refused to give any acknowledgement at that point of time, the next day loan agreement was signed and the amount was disposed which was confronted through a letter to the bank for which there was no reply.The bank in either court did not prove with any evidence that they had not received the sale deed. I did not fail in my obligation when the bank was not responding to the summons of the forum then only i want to force them either to come to the forum or revoke sarfaesi which they did but did not proceeded further which presumably an accepted fact that they are acting on the behest of the builder otherwise the bank is only interested in their money why then they did not close the account when i want to and the said evidence is filed in both the forum.We had filed an IA in DRT in July2013 praying to allow us to deposit the claim amount in the form of the FDR till the liability is ascertain but the said IA was reserved and no order passed. Neither the builder nor the bank gave me the possession till now from 2006 and the bank is in possession of the flat under lock and key.Hence my query to find out the way legally as the forums are not interested in passing their orders at the earliest.
Rajendra K Goyal
(Expert) 07 November 2016
Bank deal in money. It has to follow its procedure. You have taken the loan and it was your duty to submit the title deed as soon as possible, which you failed to do. Bank is not concerned with your issues with the builder.
You also stopped the payment of EMI. Bank can not keep such account for long, it has to follow the procedure for recovery.
Your lawyer should again argue before the consumer forum.
Rajendra K Goyal
(Expert) 07 November 2016
Strange Bank has refused full and final payment offered by you.
If Bank did not accepted payment, you should have lodged complaint to Higher officers.
Have you offered full payment, or have asked some adjustment in interest / expenses / offered part payment?
krishna mohan
(Expert) 09 November 2016
You have Internal grievance officer and Banking Ombudsman to complain to resolve your problem if Bank is breaching the agreement. You may try with the help of counsel.
Rajendra K Goyal
(Expert) 09 November 2016
Information sought is still awaited from author.
