Delay in physical possession and case in DRT

This query is : Resolved 

Querist : Anonymous (Querist)
09 October 2019

Hello sir
I purchased a NPA property in June 2017, made full payment and sale certificates was issued by bank. Borrower went to DRT and case is there undecided till date. Court also made me a party. My money is struck. I do nt want money back but possession of property. More than two years has passed. What should I do to expedite the case and to get physical possession asap. Regards

SHIRISH PAWAR, 7738990900 (Expert)
09 October 2019

Dear Anonymous,
As you have paid full amount you have only option to fight out the case and get the physical possession of property. Attend court on every date and follow up with advocate. If you are not satisfy with advocate you can change advocate.

Dr J C Vashista (Expert)
10 October 2019

You are already contesting the case through an able, competent and intelligent lawyer you should follow his/her advise till you have not lost faith in him/her.

H.M.Patnaik (Expert)
10 October 2019

Anonymous posts are not answered.

R.K Nanda (Expert)
11 October 2019

take help of local lawyer to fight ur case in DRT.

K.K.Ganguly (Expert)
11 October 2019

1. This is a common problem faced by the buyers of the properties sold by the lending Banks.

2. If tyhe Bank has wrongly take possession of the property or wrongly declared the account as NPA, the DRT P.O. will set aside the entire SARFAESI proceeding initiated by the Bank including the sale for which the Bank shall be forced to return you the amount taken from you.

3. It will be prudent on your part to claim back the amount paid by yopu with interest, damage and cost from the Bank and submit your Written Statement before the DRT accordingly.

krishna mohan (Expert)
11 October 2019

You can consult a local lawyer to issue legal notice to the Bank to demand whole money with compensation (or) hand over you encumbrance free possession. If you want to fight the case and wait for it, you can do provided the case is well handled to protect your interest.

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