• EMD refund

I have purchased commercial property from Union bank Arb branch Mumbai for 51 lacs I have also paid 25 % emd of Rs 12.65 lacs but Before paying the balance 75% amount I came to know that Property is attach by DRI and cannot be sold without NOC from DRI . Union Bank was aware about this DRI attachment but did not informed me so I am no longer interested in buying this property I want to get back my EMD amount Also last date for paying the balance amount is getting close and I am scared that bank will forfeit my Emd . Kindly help since it is very big amount for me .
Asked 6 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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11 Answers

The property must be auctioned by order of DRI. So bank will provide you NOC before registration for that you can send a letter demanding NOC from DRI before paying complete amount. 

If bank refuse to provide NOC You should immediately file a civil suit against bank for injunction on paying balance amount.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Write to bank to obtain NOC from DRI and that you are willing to pay balance amount 

 

2) if bank refuses file writ petition in HC offer to deposit balance amount in court and request court to direct bank to obtain NOC and in alternative refund your money 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Act as advised herein above 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

  1. You must sue the bank for breach of contract on grounds of concealment of facts and fraud, to claim the amount you paid + compensation. 
  2. You first need to serve a legal notice upon the bank to that effect. 
  3. I'm prepared, to serve the legal notice and to plead your case in court as your counsel However​, I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

The bidder is required to do his due diligence before paying the emd or any further amount to the bank

The banks always sell such secured assets on as is where is and whatever is there basis

Since you did not bother to exercise legal due diligence and make inquiries about the encumbrances on the property being auctioned, it is presumed that you are aware about all encumbrances affecting the property

So now If you do not proceed with the transaction then the bank can forfeit your emd as per the auction terms and pass on the property to the next highest bidder

Ideally before expiry of date for depositing emd, you ought to have made requisitions and raised objections regarding title of property with the bank and required it to comply with the same. You having not done so, cannot now cry foul and that is how it works in auction sales

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

You must have purchased in bank auction. Banks are like this, to recover there debt, auctions the property without declaring encumbrance. Disputed property, purchase not advisable. Demand refund and cancellation of booking for concealing encumbrance by bank. 

In actual bank has committed fraud.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

first file a police complaint against the bank for misleading you and cheating you with mala fide intentions.

if the Police do not take your complaint then we can move to magistrate court for the same.

 

you will have to file a civil suit wherein demanding since there has been intentional cheating done to you and so the money paid to you should be refunded with interest.

 

pls contact for further discussion

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

If you back out then bank can forfeit your EMD as per terms and conditions. 

you can file complaint before banking ombudsman. 

you can also file complaint before district consumer court. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

You have to file the complaint at the office of the ombudsman under whose jurisdiction your bank branch is located. 


You have to file the complaint at the office of the ombudsman under whose jurisdiction your bank branch is located. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

You issue a legal notice to the bank stating that the bank has suppressed the material fact of NOC from DRI before selling the property to the auction bidder.

Hence you can seek refund of EMD since you are not interested in proceeding with the purchase.

After that you can file a money recovery suit  against the bank to recovery the EMD held by them.

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

The property would have been sold on as is where is basis, if you had accepted the terms then it will be difficult for you to recover the EMD and even you may not get the EMD or cancel the bidding.

However you may discuss with your advocate and proceed on the advise made

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

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