Can i file petition for appointment of commissioner

MOHAMMED AHMED (Querist) 13 April 2023 This query is : Resolved
Chennai DRT has reserved for judgment in July 2016; now only the case has popped up and is again open for arguments. This is the case with the property for the year 2008. The Builder had directly handed the possession to the Bank in spite of payment of regular EMI. I have to stop the EMI only due to the litigation the Bank and builder created. It's been over 15 years and I do not know the status of the flat as the flat keys are with the Bank. I want to know if I can file an IA for the appointment of the commissioner and the appraiser to ascertain the flat. Please guide.

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A property owner is seeking advice on filing an application for the appointment of a commissioner and appraiser in a Chennai DRT case that has been ongoing since 2008. The case involves possession issues with a bank and builder, leading to the owner stopping EMI payments. The owner wants to ascertain the status of the flat, which has been in the bank's possession for over 15 years. However, advice suggests that an advocate commissioner might only inspect the property and report it as locked, without providing possession details, and that the DRT may not entertain such an application given existing court records.

T. Kalaiselvan, Advocate (Expert) 14 April 2023
There is no substantial reason for you to file an application seeking to appoint a advocate commissioner and also the commissioner is not going to ascertain the facts except for to inspect the property and would file a report stating that the proeprty remains under lock and keys, he cannot get the details of possession of the property in the absence of any details available locally.
Also the possession details are available in the court itself, hence the application may not be entertained by DRT, but that will not prevent your filing an application that you propose to file.

P. Venu (Expert) 15 April 2023
The facts, as posted, are less than convincing.

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