Huge delay in getting possession of purchased propertyin drt

Priti (Querist) 18 June 2018 This query is : Resolved
I purchsed a NPA property in an e-auction of allahabad bank in June of last year. Full payment of Rs 60 lakhs was made and a sale certificate was issued to me. Bank delayed the possession of the property which was still in possession of owner. in between owner went to DRT chandigarh and file an SA. After 1-2 hearing court ordered for status quo and property is still in possession of original owner/defaulter. court also made me a party in the case. now more than one year has paased, no progress is in court and my money has struck. The defaulter has started his business again in same property inspite of status quo. bank has also got his money. court progressing very slow. i am feeling sufferer. what should i do. kindly suggest

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rajeev sharma (Expert) 19 June 2018
This irony is auction purchasers of the property finds themselves in generally. The bank has got its money borrower is in possession of property and the purchaser in a lurch . Even the recovery tribunal do not have a sympathetic attitude for purchaser. you have not mentioned the contents of SA filed by borrower so it is not possible to give any advise to you. Since now you have been co opted in the matter as defendant you may approach DART and file an appeal . You may also approach Consumer Forum against bank and may demand back the money paid to bank along with interest. Remember the bank might have sold the property on as is where is basis but it does not mean that they will not give possession of the property to you . Criminal proceedings for misrepresentation may also be filed against authorized officer of the bank.

Guest (Expert) 20 June 2018
In the absence of the property in clear possession of the bank, a buyer has to suffer for registration and possession. You may better file a case in the consumer forum with the prayer for refund of money including interest along with adequate penalty on the bank for unauthoritative sale of the property in the absence possession & title..

Priti (Querist) 20 June 2018
Thanks Rajiv Ji and Dhingra Ji. Actually loan was taken for a Layer farm which borrower claims an agricutultural land does not come under surfacie act although that was dismmised. now my questions are 1. can i file a case for contempt of court against him as he has started his business again inspite of staus quo. 2. some advised me to file a Put up petition. what is that. 3. What amount of intrest i can claim from bank. 4. generally what is an average time in DRT for solving cases

AKSHANSH SINGHAL (Expert) 20 June 2018
You may file the criminal FIR against the officials of the bank. Take photographs of the site and file it before the DRT , for the contempt of the Ld. Tribunal.And also file application before the DRAT for speedy disposal of the case

ABDUL RAZIQUE (Expert) 21 June 2018
No need to add more.

rajeev sharma (Expert) 21 June 2018
as per sec 22 of Recovery of Debts and Bankruptcy Act the Tribunal is a civil court and the application of contempt may be filed. since you have purchased he property hence you have an interest in the property and the contempt application may be filed . what you mean by put up petition i do not understand. The time taken by a court in deciding case may not be predicted. You may ask rate of interest at the same rate which the bank charges on loan.

Priti (Querist) 21 June 2018
Thanks Rajeev ji. You explained very well and address every question. Thanks for sparing time. Also thanks to Singhal ji.

krishna mohan (Expert) 03 August 2018
Banker has responsibility to hand over you a clear title and possession. You can consult a lawyer to demand specific performance of free possession by evicting the unauthorized occupant in addition to the suggestion proposed. I am of the view if you put pressure on bank to claim compensation for delay including mental agony they will act fast action as permissible legally.

Priti (Querist) 03 August 2018
Thanks for your suggestions Krishna Mohan ji

Huge delay in getting possession of purchased propertyin drt

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