Drt case pls help

Caveat emptor, It is better to get rid of bank and take on this GPA fellow, failure to adhere bank commitment will lead to recovery proceedings along with criminal proceedings.

File a suit for recovery of the amount paid by you (with interest) to the bank impleading the seller -alleged POA. Moreover, how can a POA be the owner and sell the property to you? How does the bank (legal department) accepted the documents for sanctioning the loan on the basis of POA?

You can also (simultaneously) file a criminal complaint against the bank as  well as the POA for committing cheating and fraud with criminal conspiracy. 

Engage and consult a local lawyer and   proceed.

1. The Bank has paid Rs.6 Lakhs against your application to buy the said property,

2. It is your primary duty to conduct search your said property before purchase,

3. Has any sale deed been registered in your favour?

4. If not then on what basis the Bank has mortgaged the property? Or has the loan been granted without creating any mortgaged?

5. The Bank is legally right in claiming the outstanding dues from you,

6. File a criminal case against the seller for cheating you.

From the contents of the query it appears to be an academic and vague query devoid of proper details, hence do not deserve  a reply.  However, the querist may answer the queries raised by expert Dr. Vashista so that further post can be opined accordingly.

I am apprehending that you deliberately suppressed some material facts in the subject query. Where is the Loan Agreement between you with IDBI Bank ? You didn't say on what basis the Bank paid Rs.6,00,000/- directly to GPA holder. Therefore, you disclose the whole facts without suppressing any material facts and further disclose the loan agreement related to for proper guidance and opinion.

I got a Home loan (Land +construction) offer from IDBI bank M/S Sri SaiVijetha Developers and it was a registered company undertaking sale of residential plots and development of land and also construction works.They offered me to sell Plot No. 49 in Survey No.100 (Part) of Nizampet village for a sale consideration amount of Rs. 6.00,000/- (Rupees Six Lakhs only) and also promised me that he will arrange 100% loan from Bank I have approched to Bank with agrement sale deed. Bank verified LAND related leagaldocuments and scansioned 600000 /- , GPA holder arranged for registration of Sale Deed on 21-11-2005 before the Joint Sub-Regiatrar, R.O., R.R.District in my favour which was numbered as Document No.18031/2005 and the original Sale Deed No.18031/2005 dated 21-11-2005 was deposited with the IDBI Bank. I further submit that as a benefited purchaser and ordinary prudent buyer, I am regularly paying the monthly EMI amounts to the IDBI Bank against my Loan Account. Subsequently , I came to know that the plots purchased by me and others in survey No. 100 (Part) through M/s . Sri Sai Vijetha Developers are actually not in existence and he created me. I stopped EMI, and informed to bank..Bank not taken any action on it. now back made a case at DRT asking me to pay Rs. 11, 00,000/- towards the IDBI Bank loan outstanding amount.I have alreday paied Rs 2, 00,000/- towards the EMI payments. Please HELP me Suresh ph. 9963030222

You may send me scanned copies  of Loan Agreement executed by IDBI Bank & ,Registered Sale Deed executed by the Developer / Vendor to help you to come out from the problem. Off course against usual professional terms.

1. You should have made registry search for the said property before applying for loan,

2. Legally you can not pass on the responsibility to the lending Bank for making search of the property you are buying (though the Banks do conduct such searches),

3. However, the property has been mortgaged with the Bank,

4. You should now file a cheating case against he builder and also a Recovery Suit against the builder,

5. Meantime, you should contest the Bank's application before the DRT asking the Bank to take over possession of the said plot, sell it of for realising the outstanding and return the excess amount received from the buyer after realising the said putstanding.

I am apprehending some foul play in the performances of GPA holder and the Bank. There may be a racket behind the curtain of such fraud, that is why I wanted to see your deeds and documents.