My friend borrowed money from me to purchase a property through auction sale at DRT. He is a sucessful bidder. Debtor paid the amount after 45 days, and request to condole the delay. Presently case is in DRAT Chennai. In meantime, Debtor & my friend came to a mutual understanding & my friend request to refund the amount paid. On making promisory word till refund of money borrowed, my friend given the original sale certificate, original sale conformation certificate, original documents and all other relating documents to me. As on today, all the original documents, relating to the auction sale is with me. After DRAT judgement my friend making a false report to DRT, saying all original records are misplaced and provides a police certificate to DRT to initiate refund process.
My query :
1. Does DRT gives the refund without original certifiates. ( debtor will accept without his original documents ).
2. Making a representation by me via letter to DRT stating the original documents with me, makes a vaild point.
3. Shall I file case at Sub court to stop the refund process ( does sub court have jurdistiction to control DRAT refund judgement).
Regards Dr. Raja.