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manoj (Proprietor)     17 June 2010

Flat finance multiple times by same bank

I have purchased a flat in Mumbai and got it financed in April 2007 from leading housing finance company. Due to quiting of my job i was not in a position to pay the emi in Oct07 to Dec'07 . So, bank started haressing me an telling they will seal the flat and sell it.  In Jan'08 when i went to see the flat as i had to shift, i was shocked to see the flat was sealed and that too by the same HDC's but other branch. When i spoke to bank there said they are not aware of the same and i stopped  honouring the EMI's.

Then bank started talking to me to settle the issue ambically and by March'08, since the dues were pending for about six month, they ask me to pay 50% of overdues so that the account won;t convert in NPA and we can settle the issue ambically. but after that they never tried to solve the issue and the filed for case agains a Sec 138 NI  for dishonour of cheque in July'2008.

Which again i had to fight more 1 Year in 2010 and i was acquinted,  There open the real facts of the case like

1. The flat was already financed in 2004 to some other Borrower.

2. The HFC's who financed the said flat was non other than same HFC's but other branch.

3. My HFC's branch produced the loan agreement paper of previous buyer for the bank .

4. When spoke to their executives and officer, they were tight lipped and were denying we can;t cross check that part.

After all this when we sent a repossession letter with the compensation to the HFC's till  date they have not replied. Copy of the same letter was sent to RBi, which was direct to NHB in feb'2010.

Now after 4 months, i have received reply from NHB saying that since the matter has been taken under SARFASEI ACT2002 and hence, we can't don anything agains the same.

I need your help and advices, please every put forwards to advice me on such a case.

Thanks to all in advance



Learning

 1 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     18 June 2010

apply to consumer forum regarding the mul-intention of the bank and the scenario through your local advocate to claim the compensation accordingly.

issue through the way of consumer forum will be settled quickly.


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