Housing  company sanctioned  home loan on property forged documents Housing company sanctioned home loan on property forged documents

1 month ago

I booked property in 2017, builder showing me flats and registered documents another flat which is not belonged to builder, basically he froud me with housing fianance company, he registered forged property pepars and sanctioned and disbursed home loan without my concern, when its come to me know i filed fir against builder and finance company but builders had been vanished since then. But housing company forces me to pay loan, i told them i already filed case and said property pepars are forged and property is not exist so how fianace company sanctioned and disbursed full loan amount to the builder?

My question is builder is vanished so how to deal with fianace company they listen me, and i also think finance company also involved in froud because more than 50 customers are froud by builder in same property and same fianace company. And bank also filed 138 case against all custemor in different states and force to loan amount

Can i filed case against finance company about froud, mental harresment and defamation

Anik

Responded 1 month ago

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A.Dear Client,

It appears that you have provided detailed information regarding the legal actions that can be taken against the builder and the finance company involved in the alleged offenses. The steps you've outlined include lodging an FIR, initiating a police investigation, and filing a complaint with the Lokpal of India under the Lokpal and Lokayuktas Act, 2013.

Additionally, you mentioned the relevance of the Prevention of Corruption Act, 1988, and the Supreme Court's clarification regarding banking employees being considered public servants under this act. The information about Project VIGEYE, which involves citizens collaborating with the Central Vigilance Commission, and the Whistle Blowers Protection Act, 2015, is also valuable in the context of reporting corruption and protecting whistleblowers.

It's important to note that the effectiveness of these legal mechanisms may vary, and consulting with legal professionals to guide you through the specific details of your case would be advisable. If you have any specific questions or if there's a particular way I can assist you, please feel free to ask.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Since you have already lodged FIR against both the Builder and the concerned Finance Company, it is presumed that an investigation by the Police is completed by the time and a final report of the investigation might have been submitted before the trial Court. Court proceedings are a cumbersome and lengthy process, especially in the absence of the whereabouts of the accused Builder, it may take more time than expected. However, apart from the actions that have been taken by you in this regard, a complaint can be filed with Lokpal of India in terms of provisions under 2(e) of the Lokpal and Lokayuktas Act, 2013, for the offenses alleged to have been committed by a public servant under the Prevention of Corruption Act, 1988 such as Offence relating to public servant being bribed, taking undue advantage to influence public servant by corrupt or illegal means or by the exercise of personal influence, Offence relating to bribing of a public servant, Public servant obtaining (undue advantage), without consideration from person concerned in proceeding or business transacted by such public servant, Criminal misconduct by a public servant. - In terms of provisions under Section 53, of the Lokpal and Lokayuktas Act, 2013, a complaint should be made within seven years from the date on which the offense mentioned in the complaint is alleged to have been committed. A complaint is required to be filed in the prescribed form annexed with the Lokpal (Complaint) Rules, 2020. The complaint can be filed online through the Lokpal Online portal. A fillable complaint form is also available at (https://lokpal.gov.in/pdfs/complaint_form.docx). On February 23, 2016, the Supreme Court held that employees of all banking companies, foreign and domestic, are “public servants” under the Prevention of Corruption Act, 1988. Further, Project VIGEYE (Vigilance Eye) is a citizen-centric initiative, wherein citizens join hands with the Central Vigilance Commission in fighting corruption. Users can lodge their grievances and complaints online. Whistle Blowers Protection Act, 2015 is an Act of the Parliament of India that provides a mechanism to investigate alleged corruption and misuse of power by public servants and also protects anyone who exposes alleged wrongdoing in government bodies, projects, and offices. The wrongdoing might take the form of fraud, corruption or mismanagement. The Act seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offense by a public servant. Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission. In view of the above proposition of relevant law, you may take action accordingly. Reach out to an Advocate for further guidance and steps.
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