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DRT order not followed by Bank what to do.
21-Dec-2023 (In Property Law)
I have a house in Delhi. I am owner and home loan by ICICI is in my name. House is in possession of few occupants. I have given letter to the bank to recover the NPA property at best value and give me rest of money. Its over two years. Against SARFAESIA, occupant went to DRT 3 years back and gets stay, they didn't followed order to pay and stay was vacated by DRT. This has happened thrice in last two years. Possession notice was pasted on property in June'16, again stay was taken by third party (occupant) but didn't pay as per order. Last order was 3.5 months back by DRT Delhi 2 , but bank is not taking any action of possession etc. I came to know they have been bribed. I have written letters to MD office too but always get a response that they are following process and deny any action on whatever I request. Occupant was trying to sell the house, I made a compliant to bank and they denied to take action. Can you help/guide me to punish such bank officers and how to make it happen?
Execution Application can filed in front of the RO. Bank officers can be summoned. Would need more details if I have to draft the application. Therefore perusal of the documents is also required. Let me know.
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Adv. Varun Arora
Delhi | 25+ Answers
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In such a case you cannot do anything with the bank officials and rather can do one thing by selling the property on your own by taking permission from the court or from bank and then deposit the loan amount and keep the rest of the money.
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Adv. Harshit Jain
Delhi | 100+ Answers
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There is provision of contempt so you have to file contempt application against the Bank employee for non compliance of DRT order and also filed complaint against the officer with higher authority. DRT has power to initiate contempt proceeding against the concerned officer.
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Adv. Rajesh Kumar
Delhi | 100+ Answers
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To put pressure on the occupant or lower court move the high court for contempt and ask for arrest warrants to be issued against the occupant. You can also move the high court under article 227 of the constitution asking for investigation.
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Adv. Angad Mehta
Delhi | 100+ Answers
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It depends upon the order passed by the tribunal. You may file an application or go to DRAT if are agrieved by the order of DRT. What steps you have taken? Let me know. Now a day DRT 3 is presided presiding officer drt2.
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Adv. Safder Imam Md
Delhi | 25+ Answers
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