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Suhas Sambhal ( Manager)     04 September 2023

Sarfasei act violation- auction if property without single notice served to the borrower

Bank Auctioned Secured property of Open Plot behind knowledge of Borrower to whom bank kept him in the dark since account come in NPA. Suddenly one day morning he got know that property 7/12 has changed with someone else. He further Came to know banking fraud that bank has falsely sent notice on wrong address (where open plot property under mortgage located but willfully wrong pincode written by bank and care has taken that notice of 13 (2) & 13(4 ) must not be served) obviously which were returned to bank with marking 'Insufficient address,' and none of the notice sent to borrowers permanant residential address where borrower used to lives and bank has adress with their record. Even come to know that paper news has given far other districts where no circulation in local area. Further come to know that no application has filed at DM for physical possession otherwise notice from DM Tehsildar has been received. Everything fraud has been happened without letting knowledge to the borrower, without taking Physical possession. Almost 47% loan repaid of 30 Lakh loan. Last payment of 11.00 lack done in principal seeking to lower the EMI when no pending EMI at all. EMI was 26000 without unpaid. Now property owner has changed. Where to go DRT or High court. Is high court dispose because saying you have alternate remedy in DRT? On what ground to go in high court and not in DRT?

I would add that,  Open plot has purchased before and owner was the borrower before sanctioning Home loan of 30L in July 2018. After sanction NBFC bank transferred Loan 22L in July 21 and 8L in Oct21 between 3months. Borrower has transferred his duty for 3 years in another state. He hold is construction of house but next 3years borrower paid EMI regularly and decided to pay 11L in order to end this loan as early as possible. On paying this 11L bank is giving effect on tenor not in EMI. And this disputes leads to unpaid of 3 EMI and account gone in NPA. Then neither bank bother to contact borrower and stop communications. And borrower waited in hoping of OTS. This is the history. And one day suddenly he came to know that his property got auctioned .  Now pls tell me Sir, can we approach High Court for immediate relief u)s 226 or 227 as writ petition than DRT.  Because there might multiple transaction would happen because auction purchaser is a property dealer who is already in process to sell the property. Bank already realised payment so nothing is left in DRT because auction purchaser has mutated his name in ROR of 7/12. I can't understand what fraud on the part of borrower infact bank employees racket operating in the bank has made fraud in conspiring with local property dealer. deliberately sent notice on wrong adress so that it must not served to borrower and only showing that they persued procedure under the act.

What type of stay we should include in prayer? What should be the prayer for immediate relief in High court or DRT?

Cant we prefer high court over DRT in this situation?

Can I file criminal complaints in local police against Bank employees?

Can I get property again by paying remaining OS

Can I file for compensation for this misery and harrassment?


 2 Replies

Real Soul.... (LEGAL)     04 September 2023

Just issue legal notice to bank and file complaint with bank ombudsman and with RBI ombudsman

Suhas Sambhal ( Manager)     04 September 2023

NBFC banks in housing finance is covered under NHB.application was already rejected under non maintenable in Obdusmnent  ..main question is can I file writ u/s 226 for immediate relief and stay rather going to DRT

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