Bank consumer
swamy
(Querist) 27 August 2016
This query is : Resolved
Sir I bought property in bank auction. While doing auction bank manager told v took now symbolic possession.
Later we give you physical posession so I paid full cash as they informed me after full payment they are making unnecessary delay in giving property posession. From last 3 years.
Now what options I have ?. to take my money back ?
Or should I demand for possession of property? ..
Shall I file writ of mandamus in high court to direct bank to give possesion. Of property.
Or I need t file case in consumer court..?
Waiting for replay. With full thanks
Ms.Usha Kapoor
(Expert) 28 August 2016
Dear Client,
File a writ against the bank for possession of thE property since you've cleared all dues from your end. Prior to filing of
writ Issue a Legal notice to tho bank since you've paid all thE auction purchase money to the bank, IT IS duty bound to handover possession of AUCTIONED PROPERTY TO YOU. iF YOU DON'T GET A REPLY WITHIN 15 DAYS FILE AWRIT OF mandamus AGAINST THE BANK SEEKING DIRECTIONS TO THE BANK FROM high COURT TO PUT YOU IN POSSESSION OF PROPERTY AS YOU'VE PAID ALL THE PURCHASE MONEY ETC OF TH SALE OF AUCTIONED PROPERTY.oR YOU CAN FILE A CASE IN CONSUMER COURT AS WELL.. Thus IS ANOTHER ALTERNATIVE.
Advocate Bhartesh goyal
(Expert) 28 August 2016
Better file complaint against Bank before District Consumer Forum and claim possession and compensation towards mental and physical agony caused to you by Bank Manager's wrong attitude and act.
Advocate Bhartesh goyal
(Expert) 28 August 2016
Better file complaint against Bank before District Consumer Forum and claim possession and compensation towards mental and physical agony caused to you by Bank Manager's wrong attitude and act.
R.K Nanda
(Expert) 28 August 2016
File consumer complaint in CF against bank.
Devajyoti Barman
(Expert) 28 August 2016
No case lies in consumer forum for this dispute.
You are not clear whether Sale Certificate is issued or not.
If not as yet then ask for it.
In any event writ petition in the nature of Mandamus is only remedy.
You can also become party in the DRT proceeding to seek your remedy if any such case is pending.
Rajendra K Goyal
(Expert) 28 August 2016
Whether in any document Bank claimed that it is having / would provide physical possession of the property?
Whether it was sold to you with symbolic possession or with physical possession?
Has Bank given you possession letter for symbolic possession or otherwise?
If Bank does not fulfill conditions move to court for getting needful?
P. Venu
(Expert) 28 August 2016
Please ascertain the reasons for delay from the Bank. It could be that some litigation is pending.
Kumar Doab
(Expert) 28 August 2016
Obtain all record and show all docs on record to a very able counsel specializing in such/banking/consumer matters for a considered opinion.
Raj Kumar Makkad
(Expert) 28 August 2016
After obtaining the relevant documents and after waiting provided period in your representation to the banker in riting, file writ of mandamus.
