housing loan, builder and bank manager colluded

Works In Judicial Department

One of my Client has obtained housing loan in the year 2002. Bank granted Rs.6 lakhs. an amount of Rs.1,00000/- was released to the builder towards sale considearation of plot. Plot registered in the name my client and the same is mortgaged with the bank. Later a construction agreement was executed by the builder in my client's favour. My client authorised the banker to release amounts in favor of the bulilder for the works to be executed by him. Years lapsed but no construction was taken up by the builder. Inspite of no construction, the banker has released Rs.2 Lakhs to the builder towards works. Now whereabouts of the  builder are not availble for the last 4 Year. Now the banker has taken possession of the Plot and has also  filed a suit for recovery of Rs 4 Lakhs. As the banker released the above amounts to the builder, though no construction work is taken up by him, Can I  file a cheating case against the banker apart from the builder or does it attract any limitation. 


If bank has released payments without each time obtaining consent of the borrower, then bank is at fault. In addition, bank has to get certificate from approved civil engineer about progress and value of constuction level before releasing amount with consent of borrower. Bank officer is also required to visit site and verify progress of construction before releasing further amount. Hence pl lodge detailed complaint with Nodal Officer at Head Office of the bank. If it is a public sector bank, file RTI application for getting all inspection reports and authority letter of borrower for releasing payment to builder. Pl visit my files on How to manage problem with the bank at

U can also refer my articles on RTI at above link for filing RTI application.




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