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Kiran Kiran (TL)     11 October 2017

Bank accepts guilt of sanction the loan on fake property

Hi Sir,

I have purchased one flat in Hyderabad in the year 2009 Nov, depending on the bank legal verification and valuation. But after 6 months I came to know that the flat owner (fake owner) and the builder (fake builder) in collusion with bank have sold the property to me. I have filed a criminal case against the bank and owners/builders in the year 2010 March. In the due course of the criminal case investigation done by the police now in 2017, bank has accepted and given in writing that there was a lapse in the legal verification and valuation report given by the concerned bank panel. All the guilt acceptance of the bank in writing has submitted in the charge sheet filed in the criminal case.

Prior to purchasing of this 2009 flat, I have purchased one Independent house in 2005 in the same bank by following the same procedure, and I have been paying EMI for that 2005 flat regularly.

In 2010 November,  bank started sending me SARFAESI notices for both the properties, I have filed DRT case also at that time saying that I have been paying the EMI for 2005 property regularly, where in the new property which I purchased in 2009, I stopped paying EMI, at that time DRT has given me stay on both the properties and asked me to pay 5L to the old property. But now after investigation in the criminal case, bank accepted the guilt and given the written statement  in the chargesheet, bank has sent me an OA notice only for good old property which I purchased in 2005.

Due to the above fake property in which bank involved, due to that property I have lost my job, lost money, peace, CIBIL record. These 7 years, I have to face other criminal cases, Police, CID investigation etc. It was my full time job roaming around the police stations, Courts etc till now. And still running around.

Now that bank has accepted the guilt in writing and I have taken the CA copy from the court, what are the possible ways that I can claim my damage, lost money, peace etc. and I have some loan amount left in my old property. Can I go to banking Ombudsman, Civil case, DRT case etc.

Please help me in giving good suggestions, thanks for your help in advance.   



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