Sale notice put my loan company without informing us what to do

673 votes

It appears from your question that after filing of an application from the end of your father the Ld. DRT passed out an order whereby the Ld. DRT granted relief in favour of your father and I presume that your father or the advocate acting on behalf of your father must have served the relevant order to the concerned ARCL and also complied with the terms of the order. You have not mentioned in your question the details of compliance of the order of DRT from the end of your father, in the event of failure to comply with the order the concerned ARCL has the right to act in terms of the provisions of SARFAESI ACT. In case your father has complied with the order in that event you may approach immediately to the DART seeking appropriate directions upon the concerned authority who intend to put notice on the door of your house. You may also lodge an FIR against such unlawful activities of the ARCL in your concerned Police Station with a copy to the ARCL office (local) including its registered office. In all respect it is mandatory on your part to check out the compliance of the order which was passed under the application filed from the end of your father.

Advocate Mahesh Kumar Joshi LawRato

644 votes

MY OPINION THAT i have follow the problem ,i think that the it is very much clear that DRT issued a definite order /orders & restrict the issue /issues on the matter by passed a definite order, but the authority violate /violates the order by put up sale notice & illegal threatening, you have ample ways to get defense of your case by filling at competent forum /forums.

Advocate Ranabir Banerjee LawRato

715 votes

Mr. Case never came to an end. The sarfesi application or in drt terms SA was disposed off giving a direction to pay the money part by part. Your father had Missed the installment which both your father and ARCIL agreed upon. N it's ARCIL not ARCL and if it's a sale notice don't just sit around n think of how to file F.I.R instead save your house get a stay order in the concerned drt. Which drt it was? 1,2, or 3. Now after 19th of this month it's closed and will reopen on 6th of June. File another S.A and get a stay order or you will lose your house. You can file an S.A within 45 days of the sale notice,I sincerely hope it's not expired yet. No criminal action can be taken against ARCIL. Normally I understand the loan amount is less compared to the valuation of the house. That's why ARCIL is acting so fast.we can help you as I am Co partner of a law firm, contact lawrato and fix an appointment with us,so we can save your house.

Advocate Rahul Uday Singh LawRato