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maskadvise   27 May 2015

Violations of provisions of rddbfi act

I am Guarantor in one loan

In spite of sale programm fixed twice for the sale of Borrowr's Secured Flat, the Bank is not complying terms of proclamation since last three year. This time the Bankers were abent in DRT on scheduled date of auction.

The Bank wants to sell my "poperty" only for the reasons best known to them. But for one or the other lawful reason/objection raised by me, the Bank could not sell my property. But now I fine it difficult 

Isn't it a crime ?  If yes the what criminal can be filed against the Recovery staff of the Bank ?

Kindly guide

Regards

 

 

 

 



Learning

 7 Replies

bsrao   28 May 2015

No. You have no claim against the Bank. 

Biswanath Roy (Advocate)     30 May 2015

Guarator's Bond determines  the liabilities of a guarantor. Normally if the sale proceeds of the secured assets of the borrower does not cover the total dues only then Banker serves notice upon the guarantor for attachment of his assets. From the given facts it appears that banker without any attachment of the secured assets trying to jump upon the property of the guarantor which is illegal and relief can be had from the High Court by invoking Article 226 of the Constitution of India.

maskadvise   30 May 2015

Respecetd Roy Sir,

The facts is that the Bank has seized the said mortgaged Flat of the Borrower in the year 2012 and fixed sale-proclamation programm but did not give public notice and did not file afidavit of complaince and purposely did not sell the mortgaged Flat.

Then in the year 2013- 14, the Bank tried to sell my Flat but I raised lawful objection and hence could not sell as stated above.

Then I made complaint to the DRT then the Ld. R.O. again in the year 2015 fixed programm of sale and directed the bank to give public notice for sale of mortgages Flat of Borrower and notices to the concerned parties and file the affidavit of compliance and then sell the said mortgaged Flat in month of April 2015 public auction.

But on the date of public auction in April 2015 the Bank remained absent and auctuion was not done.

Now again the bank is trying to sell my Flat.

The reason for their such acts is known to the bank only but I feel that perheps they are indulged with Borrowwer and hence they are trying to save his Flat and sell my Flat.

in my opinion this is the bad intention of the bank 

Isn't it a crime ?  If yes the what criminal can be filed against the Recovery staff of the Bank ?

Kindly guide

Regards

 

 

Biswanath Roy (Advocate)     30 May 2015

In criminal offense main ingredients is mens-rea i.e., intention of committing crime which will be a laudible task to prove in your case.  In a round about way you may cook up an argument to move it to a criminal offense but ultimately it will fail. Instead if you go to the Constitutional Bench of the High Court and by engaging an expert Senior Counsel high light the fact of denial of Natural Justice chance of getting a stay order will be possible.

maskadvise   31 May 2015

 

Respected Roy Sir,

 

The mens - rea of the recovery people of the Bank is their bad-inyention to sell my Flat and not the Borrower's secured Flat while two times the sale -programm was fixed for the Borrower's secured Flat.

 

My opinion is that if we leave the recovery people for their such misdeeds, they misuses the power inherrited to them by the said Act

 

So we should and must stop them from misusing thre law and perheps it may be a goos task, too.

 

Further  can I file counter claim before DRT for  "loss of interest" for three years on the amount fixed by Bank as Reserve Price Fixed in sale-programm fixed by the Bank.

 

Kindly U guide and other readers also join hand in guiding in the matter please

 

Regards

 

Biswanath Roy (Advocate)     31 May 2015

YOU HAVE NO RELIEF UNDER CRIMINAL LAW. Consult your DRT lawyer.

T. Kalaiselvan, Advocate (Advocate)     02 June 2015

Rightly opined by senior learned counsel respected Roy sir.  He has suggested you the right option that can be exercised in this situation.  Going to DRT with another application is your choice, but if you dont get justice there too, the option of approaching the high court will be time barred or beyond reach, so act fast. 


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