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Raman Kumar (Manager)     20 February 2014

Sarfaesi act sale

Dear experts,

  I had bought a property under Sarfaesi act,2002 from a Particular bank for X amount through a bid & with full chain of documents  shown to me by the bank. Even the bank santioned loan on the above property for X/2 amount & a loan was santioned ,sale certificate issued & physical possession was provided & bank Manager asked me to go for sale deed.

After 10-15 days i came to know that the same property was already auctioned 4 months back under the orders from DRT &a sale certificate was issued  to another buyer who won it earlier at an auction at a higher amount from other bank under DRT orders.

So that buyer & me went to our bank , in which he gave all his papers including DRT copy.Also i submitted a copy stating the cancellation of sale, plus refund of all my submitted amount & also the clearing of the loan.Since the first EMI was due & application was give prior , Bank didn't asked for it.

Now after 1 month bank is giving assurances & still not giving an official communication with regard to my application.

Now pls let me know what the options? Can a lodge a FIR against the bank terming it as a forgery.What is the process for the sale deed No party hasn't done any Sale Deed & it has been more than 6 months from the DRT auction? What are the norms for these?

Thanks in advance

RK



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     20 February 2014

If you do not get a reply or a satisfactory reply from the bank in this regard for your letter, you may issue a lawyer's notice to the bank demanding the relief sought for failing which you may approach court of law including the consumer forum for further action.


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