file police complaint against house owner for failure to refund your money as bank has seized the house
if he refuses to pay issue legal notice to recover your belongings and money
3) file suit to recover your money with interest
Hi, I need help for below. My house owner defaulted bank loan and not informed us. As a result bank seized the house with our households inside the house. We are been given word by house owner that he will return money. This happened on Wednesday. Every day house owner is pushing date to other day. Even today he is trying to push the date. Our belongings are inside, please help to get our money and belongings.
file police complaint against house owner for failure to refund your money as bank has seized the house
if he refuses to pay issue legal notice to recover your belongings and money
3) file suit to recover your money with interest
1. The bank seize any proeprty of the debtor- your landlord but it has no right over the tenancy rights nor on your moveable assets.
2. SO if you move the DRT and seek release of your assets you will get relief from the Tribunal.
3.So make a petition under section 17 of the SARFAESI Act and seek injunction agaisnt your eviction by bank and release of your seized articles.
I can do that, but how can I take my money back from house owner, because house owner is trying to cheat us. And he is waiting if I take my things out then he can escape not paying the money of mine also which I gave as advance to him. Regards Aravind
Hii, you Can file a recovery suit against the owner to get refund of your amount ..moreover file a suit for permanent injuction against the bank , as they cannot disposes you from the property ..the bank can only recover his money by auctioning the property , but it has no legal right to disposes you from your posession
your right cannot be prejudiced if landlord defaulted. if bank has submitted any notice you should challenge it before the DRT for cancellation or stay for some time or till the finding of new rent premises, in respect of the premises occupied by you as tenant.
Send him a Legal Notice for forthwith recovery of all the dues.
In case the notice fail to help, you could report the matter to the Police.
Alternatively, you may file a summary suit for recovery under Order 37.
1. Serve a lawyer's notice initially to him to refund the security deposit and also recover your articles from the bank.
2. If he does not fulfill the demand made in the legal notice then filing a suit for recovery of money in the civil court shall be the only remedy.
You should not have vacated the house when the bankers came to seize and take possession of your rented house.
You had lost a golden opportunity and now grumbling about the owner not returning the advance amount
You first issue a legal notice against the owner and then file a money recovery suit on the basis of documentary evidences you have for the payment of advance amount.
I can do that, but how can I take my money back from house owner, because house owner is trying to cheat us. And he is waiting if I take my things out then he can escape not paying the money of mine also which I gave as advance to him.
Though your stuff are still lying in the house, under whose possession is the house now?
If it is in the bank's possession, then you break open the lock, get into the house, remain there till you get back yor advance amount.
The bank cannot take any legal action to evict you since you are the tenant and are protected by tenancy act.