Recover of land with compensation- purchased under sarfaesi acr 2002 as on 11.12.2013

5 years ago

R.SUBASH

S/O. M.V.RAMAMOORTHY,

67 SOUTH STREET,

KARUR 639001

Cell:97877 31302

Email: [email protected]





Ref: : High Court Bench Judgements proceedings dated 20.02.2018

I had purchased a property from SBI on 11.12.2013. SBI auction advertisement as on 12.09.2013 This advt. told auction property was physical possession by SBI. Property auctioned on 18.10.2013

After auction SBI told Building Plan Approval copy, Survey map was missed.

I had a compliant to Banking Ombudsman as on 05.12.2013 complaint No.201314006004341. After that I had received a xerox copy of Building plan approval from KARUR MUNICIPLAITY with the help of previous owner letter.

SBI send a letter to me, If you not pay the balance amount within three days advance amount will be forfeited letter as on 26.11.2013 (Bid mount Rs.5,80,000 and 10% of acceptance of bid Rs. 8,71,250/- total 14,51,250/-)

Xerox copy of building plan approval copy attested by Mr. Manickkam (Officer, State bank of India, KARUR.) After that I send a xerox copy of building approval and I get a loan from Karur Vysya Bank and settled the balance amount and get a SALES CERTIFICATE FROM SBI AS ON 11.12.2013.

I get a Survey map from KARURMUNICIPALITY AS ON 11.02.2014. The Survey map is entirely different from this property

So, I sent a complaint to BANKING OMBUDSMAN COMPLAINT No 201516006003666 dated 14.12.2015( for land recovery) but SBI still does not take any action to recover of my property and also I sent a so many complaints to RBI, STATE AND CENTRAL GOVERNMENTS but SBI did not take any action

Because of this reason, I can not use the basement floor area 1625 sq.ft. because there is no sunlight and No way. The way is occupied by the next house owner with the support of SBI (AS SBI ER.VALUATION REPORT Ground Cost 1625 sq.ft. x Rs.1200 plus Building Value Rs.7,71,062.50 Total Basement floor area Cost Rs.27,21,062.50+ others occupied area 507.75 sq.ft. x 1200 = 6,09,300 Grand total cost 33,30,362.50.

I sent a direction petition to MADURAI BENCH OF MADRAS HIGH COURT as on 22.04.2016 W.P(MD) No:7579 of 2016 to The Municipal Commissioner and reply from The Asst. Taluk Inspector, Taluk office , Karur told that 507.75 sq.ft. is west side owner occupied in this area also construct the building of part of the area. ( SBI told this property possession taken by SBI. Why SBI give THE WRONG NEWS IN ALL TRANSACTIONS)



So many number of cases The Supreme court and high court “AS IS WHERE IS” definition is this word mentioned the meaning only the quality of LAND. The Court held that the condition "as is where as basis" does not mean that property may not be in existence at all. It only means whatever the condition of the property on the spot is same shall be sold in the same condition. However, if property is not at all in existence on the spot or is not identifiable/can be located on the spot, then neither sale deed can be executed of the non existing property nor purchaser can be handed over possession thereof.”

Still SBI does not take any action for recover of my property and original building plan approval copy. Finally, I sent a writ petition No.23910 of 2016 through Mr.Govindarajan to High Court and this petition was dismissed and High Court judgements said “The petitioner is at liberty to approach the respondent bank for necessary relief”. So, I sent a Registered letter to The Authorised Officer, SBI , Karur as on 14.05.2018 but still do not take any action.

High Court Judgement Sl.No. 3. clearly state that this problem solved by way of appropriate proceedings under SARFAESI ACT.



On 29.05.2018 I had received the old mother documents copy from Sub Registrar Office, Karur West this documents dated 27.11.1935 and this documents said that four boundaries are correctly mentioned but the area is 25x250=6250sq.ft.­­

So, I sent a RTI letter to SBI(19.07.2018) but SBI reply is auction under AS IS WHERE IS BASIS so, we can’t take any action.



SBI under RTI Reply that this problem solved through DRAT. So, Please take necessary actions for recover of my property with compensation. and register the balance area through registered office in karur, missed area includes my survey map 1519/1 for the purpose of govt. taxes paid in future . Still I am pay the EMI Rs.22,431.00 and pay the interest for other loans Rs.15,000/= per month. So, I am expecting Quick your relief actions as early as possible

Other wise Please help that what is the correct procedures for solved this problem through DRAT or SBI procedures.

- R.SUBASH