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UThere was a flat in our apartment on which a physical possession notice (DM notice/Mandal Adhikari) was pasted on 9/12/2024.
We were interested in buying the property. The bank employee(A home finance company) told us that auction will happen after taking physical possession. Physical possession was taken on 2/1/25 and the flat was sealed. (The process took place in 15 minutes and videography was done by bank officials). The tenant residing there didn’t removed his belongings.
After physical possession we visited branch they explain us the auction procedure and ask us to contact bank after a month.
On the very next day (3/1/25) the tenant removed the notices, seal and entered the flat with banks permission.
We contacted bank and they said that there will be auction and we will put up possession and auction notice soon. But when we ask why tenant is residing in the flat despite after taking possession. The bank employee replied that tenant is paying the EMI and they will sell it to him only and there won’t be auction. We warn of filing complaint but he said I don’t care. Its clear case of collusion between bank and the third party. Also if tenant was paying the EMI then why SARFAESI action was initiated.We have filed grievance with the bank Grievance officer but they are also not replying clearly despite multiple follow backs and said that it’s the management which will decide whether to sell through private treaty or auction.
I fear that they will sell it to tenant via private treaty without conducting auction. Which is against the guidelines given by Hon’ble high court. (As per article: https://www.google.com/amp/s/www.scconline.com/blog/post/2023/02/24/secure-or-not-sale-by-way-of-private-treaty-under-sarfaesi/amp/ )
I am willing to give highest quotation or highest bid for that property.
The demand notice was issued in 2018 and the tenant is residing in that property from 2019 onwards. Also that property was under some third party possession who has rented it to tenant, but they don’t have any proper documents.Should I filed complaint to National Housing Bank that they are not proceeding with auction. And what other legal option I have as there is clear case of collusion and favouritism by the bank.
Thank You
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