Legal Question in Civil Litigation in India

Bank issuing instruction to the builder not to give the possession

Iam a housing loan customer of ICICI bank in chennai. The head of Regional manager in chennai had issued an instruction to the builder with a copy marked to me, not to give the possession of the flat which has been completed on the pretext of non availability of the sale deed. The said sale deed along with the builders agreement was deposited to the bank on 6.7.06 only after the receipt of the papers the bank had released the full amount to the builder on 27.7.06 in my absence, though the builders agreement did not warrant it. I had written several letters from 16.3.07 till 12.12.07 and also several complaints on phone banking and on the internet banking till level 4 complaint , when they asked me orally during the month of march 07. The bank did not answer to any of my letter or query When I submitted the papers the bank informed me that they follow oral mortgage policy and hence no acknowledgement was given. When nothing was going through, and on your advice, I had to file a consumer case on August 2008 in the state consumer forum. I was paying my emi regularly since August 2006 and only during the month of Feb 2009 when the bank inserted their name stating that this flat belongs to ICICI Bank and after sending several letters when the bank did not heed to remove their name I have to forcibly stopped my emi from Sept 2009. When the case was going on for nearly two years the bank was absent and later on July 2010 the bank contested and the builder was declared exparte and now the builder had also filed a petition for setting a side the exparte which is pending for disposal. Meanwhile yesterday the bank had moved the DRT and filed an OA against myself and the builder. Can you suggest me, as last time, what should be my approach and what is the conspiracy of the bank to move the DRT under OA against me and the builder.?


Asked on 3/07/12, 10:30 pm

1 Answer from Attorneys
Stalin Selvamani S & P Law Associates

You have to immediately take steps and engage an advocate to get a stay in the DRT proceedings or else the new flat will be sold to some other person under public auction by bank.

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Answered on 3/07/12, 10:34 pm


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