Appreciate the expert advice on the following:
1) Can a Banker while not rescheduling Home Loan as per Consumer Forum Order and while its Execution Application proceedings are underway, file Original Application before DRT by stating that no case is pending before any court. How seriously would this be taken when pointed to in my written statement?
2) Banker abused pre-litigation procedure at Permanent Loadalat, caused inordinate delay at Consumer forum and State Commission but untimately, their appeal was dismissed. They also abused SARFAESI procedure earlier to cow me down, but unilaterally withdrawn the same, when I raised objection, by acknowledging their lapses in their notices, that put me to lot of financial trouble while raising the requisite amount. Can I cite these instances to establish their conduct and claim damages.
3) Most importantly, Banker have been raising interest rates and increasing EMI in contravention of RBI guidelines but how can I obtain a legally tenable correct repayment schedule of my Home Loan (variable interest) as per agreement, that I can submit to DRT to set off their claim atleast partially?
4) Banker managed to post first hearing within 11 days of receipt of summons denying me ample time to set off the claim, as I need to obtain a legally tenable account statement. Can I request for more time for set off and is it likely to be accepted?
Thanks & Regards
