16 January 2019
The case in DRT is pending for Judgment since April 2016 which a MNC Bank had filed in March 2012 as an OA for recovery of dues which was suspended since August 2010 for not respecting/participating in the proceedings in a consumer case filed against the Builder as well as Bank for not handing the possession in spite of regularly honouring the EMI as well as total payment of dues to the builder as part of my obligations including the loan amount in disguise of non deposit of sale deed as an excuse to force me to sell the property back to builder.After filling the OA in DRT the bank participated in the priceedings from July 2012 & was continuously dragging.As the state consumer forum directed me to move NCDRC due to pecuniary Jurisdiction in the year Feb 2018 and hence the case was filed in NCDRC in July 2018 & admitted with notice to the OPs in Jan 2019.Meanwhile I moved the DRT during November 2018 to expedite the Judgement but the Presiding officer refused stating that when the Applicant is not in a hurry why the Resp.are? My question here is: 1.Should I have to wait for the judgement to come or should I have to move DRAT for expediting it ? 2.If the Judgement comes against me will it hamper the proceedings in NCDRC PLEASE GUIDE as Iam the party in person in both the courts.
16 January 2019
1. Little more details in the matter is required.
2. Against whom the Bank had filed the O.A.? Is it against the builder for theier taking loan or against you for taking housing loan?
3. If the O.A. has been filed against the builder, then why do you want the matter to be heard urgently and what is the urgency? Due to extreme work load, DRTs are very selective in allowing put Up applications for hearing pending matters.
4. However, if you are affected by the delay, then you can approach the DRAT against the said order passed by the DRT considering that you shall have to deposite 25% of the amount mentioned in the Demand Notice issued u/s13(2) of the SARFAESI Act by the Bank, if yoiu are trhye defaulting borrower.
5. Your main concer in the instant matter seems to be in your application filed before the NCDRC through which you shall get possession and registration of the property.