India  |  Banking Law

Legal Question

Asked on: 5/25/13, 9:31 am

I ,as a banker sanctioned a housing loan to a customer for a flat which was ready to registry . After issuing Demand Draft towards the registry of the property I came to know that the said property is already offered to our another branch as collateral . Soon after knowing the fact we have hold the DD and informed the borrower and builder. The borrower after discussion with the builder orally agreed to pay the EMI and builder assured that the property would be soon free from collateral .Even after 3 months the property is still not got free because of different reasons. Now the borrower is blaming the bank only. Since even after 3 months the proceeding of registry has not been completed and neither the builder nor the borrower has informed about the fate of the DD we have closed the DD and credited to the loan account .Once again the borrower has started threatening the bank to recover EMIs. Can he start criminal proceeding against the bank ? What are the legal remedy the bank have ?

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