Its my humble request to the friends of the legal fraternity to help me in getting and instant justice for the problem created by a MNC bank having violated all laws thus having a nexus with the builder.
A as a borrower on recommendation from the MNC Bank, M, enters into a builders agreement with B, the builder during April 2006 for a flat to be constructed in the heart of the chennai city now its a posh locality and after completing all formalities and after interalia depositing the documents wiz sale deed of the uds and the builders agreement for which M refuses to issue an acknowledgment citing the bank policy, in writing, through a clarification sought by A, pays the full amount to the B in absence of A by not following the builders agreement. A starts his EMI from May 2006 and B gets permission from CMDA only during July 2007 thereby starting and completes it only in March 2008. The EMI of A was regular and after completion before handing over the possession the B insists the A to resale the flat as B had committed to a family of the political party and has to oblige but A refuses to concede the request whereby B orally threatens A that the possession will not be given and A issues a statutory notice to B and after the receipt of the statutory notice of A to B, M issues a communication in writing in May 2008 addressed to B, not to hand over the possession as A had not deposited the title deed ie the uds sale deed of the flat. A moves the state consumer forum and against the B & M and the fact is the case is still pending till today and now it is in the stage of arguments after all sorts of round.During Feb 2010 when the EMI of the A has been regularly honored M, takes the possession of the flat without a statutory notice to A and A after not being heard by anybody including the ombudsman stops the EMI with a clear information to M. M during the month of Nov2010 recalls the loan amount and A replies that he is willing to settle the amount provided the flat is handed over the A, there is not reply or any action on the reply of A and during July 2010 M issues a SARFAESI notice to which A on his reply accepts the notice amount and willing to settle provided the M handed over the possession, still there was no reply or action of this time also. M moves DRT under OA during OCt 2012 and A files an IA's in Feb 2013, one praying to cross examine the bank and the other willing to deposit the full amount as per the OA with a prayer to hand over the possession.The court allows the petition of cross examination and the petition to deposit the amount is reserved for order till today. The cross examination is going on and the bank had dragging the questioning by asking often adjournment in the pretext of referring the files in the bnak. Meanwhile yesterday the Bank M had taken a symbolic paper possession of the flat which are in their custody by affixing the notice on the door of the flat.
I need your suggestion how to get an quick justice to ensure that A gets his possession.
2 Answers from Attorneys
You may file an Appeal u/s 17 of the Sarfaesi Act to the DRT within 45 days. Please state down all the facts from the begining till yesterday in your appeal. Do not give up, your case is very strong, you will surely succeed.
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Dear Sir / Madam,
A has to draw the attention of the Court that the bank has erred in taking possession of the flat when A has been regular in paying the EMI's to the bank, and that the possession of the flat has to be immediately handed over by the bank to A based on which A should immediately pay all the pending outstanding EMIs to the Bank and regularize the loan. If the title deeds are in A's possession, he should handover the original title deeds to the bank to be kept in their custody as security towards the loan.
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