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Purchase auction property

(Querist) 12 October 2019 This query is : Resolved 
Hello... Please help me.

The scenario is for the previous month.
I saw one advertisement in a newspaper on 4 of September related to auction of property by Bank of Baroda.
After a few days, I participate in the auction by giving 10% of the EMD amount to the bank. After 10 days(on September 24) bank was announced that I am the successful bidder because I was the only one who was participated in that auction.
Now on the 24th of September, the bank said to me that you have to pay 15% more money to confirm the sale in your favor and I paid that amount also on 24th September. But on the 25th of September, the defaulter paid some amount to the bank and got a stay letter by the DRT and defaulter also get the 30 days by DRT to clear his dues before the 25th of October.

But Bank is telling me(purchaser) that you have to pay the remaining 75% amount before the 10th of October.
I talked to the bank about how you can take a 75% amount from me because the defaulter got the stay letter from DRT.
But now the bank gave me one letter on the 5th of October and pressurize me to pay 75% remaining amount before the 20th of the October otherwise your 25% amount will be forfeited.

Now my question is:

1. Can I cancel my bid now because now I don't know that I will get that property or not?
1.A) if I will get that property then how much time bank will take to give me the possession of the property?
2.B) if the defaulter clears all his dues and I also submit the hole money then will the bank return my money or not?

2. How the Bank pressurize me to submit the remaining 75% amount because the defaulter has the stay order by the DRT?
Is there any option under SARFAESI act so that I can get back my 25% amount.

Please help me with this situation because 20th October is the last date to submit 75% amount to the bank and Bank told me if you will not submit a 75% amount then your 25% amount forfeited.

Dr J C Vashista (Expert) 13 October 2019
Seek professional services of a local prudent lawyer with relevant records, in your own benefit.
Donot adventure for obligation of experts based on limited facts posted by you, without documents/case file, although it is available FREE OF COST.
R.K Nanda (Expert) 13 October 2019
Question too long to reply .
R.K Nanda (Expert) 13 October 2019
Question too long to reply .
Bhaskaran Advocate (Expert) 13 October 2019
You have to now engage a lawyer and take suitable action against the bank to save your own money. In these types of cases if the borrower pays at least some amount then the Tribunal will grant stay. What we understand here is the borrower is interested in his property. Hence you need to forget to have that property.
P. Venu (Expert) 13 October 2019
The matter requires professional assistance since SARFAESI matters are becoming more and more complex with no clarity in sight for the near future.
R.S.Rajesh (Expert) 14 October 2019
As the proceedings are stayed by DRT, the bank is not in order insusting you to pay balance till disposal of appeal. Take up with Advocate .
Hemant Agarwal (Expert) 19 October 2019
1. Serve a proper Legal Notice to the Bank, mentioning all the events (as you described) and commit yourself that you are ready to pay the Balance amount, subject to the Bank providing a undertaking confirmation for possession of the Property. Put them on a Time period limit for providing confirmation.

2. Based on the reply /no-reply of the Bank, file Recovery proceedings (local Civil Court) and claim your paid amounts, interest & compensation.

3. In your mentioned circumstances, legally Bank would have absolutely no right to forfeit any of your money and on the contrary must suo motto refund your money with interest.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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