LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Monnoj Kumar Sharma   18 June 2024

Housing loan dispute

Today I am the biggest loser:
1- My advance payment to the builder is lost.
2- I did not get the property.
3- I have a due Loan in my name with you.
4- My CIBIL score is the poorest.
5- I am under superfluous mental strain because of this.


 3 Replies

P. Venu (Advocate)     18 June 2024

What are the facts? What is the context?

Monnoj Kumar Sharma   18 June 2024

The details in sequence:
- During 2006 sometime in August, an ICICI bank representative approached me for a Housing Loan.
- He showed me the property at 278/1, Maharaja Nanda Kumar Road (South) Baranagar Kolkata-036, on the 2nd floor – A2 for 675 sq. ft.
- This property is owned / made by the builder M/s B B Construction of which proprietor is Mr. Suranjan Bhowmick (Paul da)
- 15-09-2006, agreement for sale was made.
- 10-01-2007 ICICI bank paid an amount of Rs.6,15,780/- to the builder against my HL account no. LBBER00001455185.
- 13-01-2007 Sale Deed was signed.
- During the same month of January 2007, I came to understand that the builder was not willing to hand over the property to me.
- I had many meetings with him but nothing positive came out. Later, he started averting me.
- I approached the ICICI Bank Burdwan branch, met the then in-charge of HL division and updated him about the situation. They asked me to wait and promised me to sort this out.
- Months went by but there was no change in the situation. I wrote a letter to ICICI Bank and handed it over to the same branch in hand.
- One letter during Feb 2007, then during March 2007 and then during June 2007.
- I have raised the issue on the Bank portal also many times.
- During June 2007, accidently I met the Builder Mr. Bhowmick on Camac Street roadside while I was passing by. He became very aggressive and was very hostile.
- Me being non-local, I got scared and hence I stopped following it up on this matter.
- I believe that since the security for a housing loan is a first mortgage of the property against which loan has been taken; so, if I do not payback my EMI’s, the bank will take over the property to recover the loan amount. Hence no follow up was done by me either with the bank or with the builder after that.
- Since then, till today, neither Bank called nor approached me for the default of EMI’s.
- I was led to believe that this issue might have been sorted out between the bank and the builder because of which bank has not asked for default amounts from me since 2007 which is more than 15 years, hence I also not bothered to cross check.
- I came to know about this pending issue ONLY when I applied for a housing loan with HDFC bank during June 2022, that there is HL overdue showing in my CIBIL report under ARCIL.
- I searched for ARCIL contact details, and spoke to ARCIL Mumbai no. They gave me ARCIL Kolkata contact details. I spoke, took an appointment and travelled to Kolkata for a meeting at ARCIL Kolkata office.
- ARCIL Kolkata office was very supportive and provided me with all the information and many supporting documents. They informed me that currently the property is owned by someone else.
- And since then I have been asking ARCIL to help me to understand one question:
- IF the property was sold to me against the ICICI bank loan account no. LBBER00001455185, for the same loan I have defaulted on; then bank/lender must have recovered the amount by reselling the mortgaged flat against which loan has been taken.
- Bank will for sure not wait for more than 15 years to recover the default loan from me.
- IF NOT, then ALSO how the same property has been sold to someone else.
- This implies that the bank must have sold the property to this current owner to recover the defaulted loan amount. It indicates to me that to hide any misconduct of others I am now being framed.

I again officially affirm, in this case, I am writing this with my 100% awareness and truthfulness that:
1. I was never handed over this property against which this Loan is due, till today 13-06-2024.
2. I have never sold any such property to any person in my whole life, till today 13-06-2024.

Honestly, you tell me why I should pay the bank due amount for a property which I never got till today.

Today I am the biggest loser:
1- My advance payment to the builder is lost.
2- I did not get the property.
3- I have a due Loan in my name with you.
4- My CIBIL score is the poorest.
5- I am under superfluous mental strain because of this.

T. Kalaiselvan, Advocate (Advocate)     18 June 2024

It is still not understood that why have you approached this forum because despite giving a very lengthy narration you failed to ask for opinion.

If you are aggrieved then you can consult a local lawyer and proceed as suggested for relief and remedy.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register