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Drt

(Querist) 29 September 2014 This query is : Resolved 
In case of Unsecured Personal loans, a recovery certificate against the Borrower is issued by DRT without mentioning any property of the borrower as no property of the borrower was mortgaged.In the order there is no mention of any property anywhere. however,this order is challenged by the borrower in DRAT & it is still pending.but meanwhile the certificate holder Asset Reconstruction Company has issued a notice to the society in which , a borrower owns a flat;asking the society not to allow anybody to deal with the said flat in whatsoever manner.Can the Asset Reconstruction Company do so & defame & humiliate the borrower while the appeal is still pending? Can the borrower sue the Asset Reconstruction Company for defamation,mental torture & humiliation? What are the legal remedies available for the borrower?(N.B. The order copy is attatched herewith for the kind reference)
R.K Nanda (Expert) 29 September 2014
where is order copy.
Rajendra K Goyal (Expert) 29 September 2014
Whether the DRAT has given stay on orders and recovery of the loan ?
If not the degree holder / lender is justified to take every care so that the borrower can not dispose his property / assets.

However if you feel defamation in the action consult your lawyer and show him all relative documents and file case of defamation.
Rajendra K Goyal (Expert) 29 September 2014
Repeated query:

http://www.lawyersclubindia.com/experts/DRT-Judgement-499656.asp#.VClkj_mSyn0


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