I bought 2Floor Building through Andhra Bank, Visakhapatnam E-auction and registered sale certificate on 23-3-2015. In sale certificate mentioned sale of scheduled property was made free from all encumbrances known to Andhra Bank. But Property tax Rs.41,786/- was arrears due was paid by me. The sold building is not having approved plan from local authorities. Recent Building Regularization Scheme applied for Regularization and local authorities ask me to pay official amount of Rs.3,09,833/- for regularization. Is it possible to get the money reimbursed from Andhra Bank since it was mentioned in sale certificate encumbrances known to andhra Bank Nil. If at all go to court of law what are the chances of win and Consumer Forum is the right place.
Asked in Civil Law from V Suryanarayana Raju, Andhra Pradesh
1) before purchase you ought to have done due diligence
2) checked whether building had been constrcued as per sanctioned plans and title was clear and marketable
3) you can if you so desire seek to move court and claim amount paid by you for regularisation from Andhra bank
1) You can certainly hold the bank responsible for the incorrect non incumbrance certificate issued to you on basis of which you purchased the property and for the property tax in arrears that was paid by you.
2) You can file a consumer complaint against the bank to compensate you. Issue a legal notice to the bank first asking for reimbursement of the amount you had to incur as a result of the bank's error. It is clearly an instance of deficiency in service on part of the bank.
A deviation from approved plan is not an encumbrance per se. If you knew beforehand that the building was without a sanctioned plan then you cannot now recover the amount from the bank. In any case the remedy is civil court and not consumer forum.
Hi, you can't get the amount from the Bank before purchasing the property you have to verify it whether building is approved plan or not.
Thanks for the input. E-auction advertisement it was mentioned 2floors building. My due diligence It was not found. Bank orally assured we will give good marketable good property. I came to know after paying 25% of value and successful bidder come across the issues. Went to DRT for refund of money. DRT ordered to refund of money with bank interest or give the peaceful possession. Bank interested in giving possession but not refund of money. Since I have already paid 25% money paid balance money and took the possession. Since property tax small money paid from my pocket. This BPS money is more than 3Lakhs I am asking the possibility of reimbursement. This is not deviation of building plan. Complete building is deviation, defaulter just applied for building plan but not obtained permission, without permission he constructed the complete building. Even for giving the possession of the building he took long time about one year and after DRAT appeal dismissal against defaulter he gave the possession. Thank you once again in advance and awaiting for your valuable feedback.
Asked 1 year ago
1) if bank had mentioned in advertisement that titje is clear and marketable you can seek to recover the regularisation charges from bank
2) issue legal notice to bank to reimburse yiu amount paid by you
3) if bank fails to pay file writ petition in high court in this regard
Hi, do one thing you can file a Consumer complaint against bank for deficiency of service and ask the bank to pay the 3 lacks Rupees as you are under impression that after due verification of the property bank has advanced the loan and it has good and marketable title because of the bank failure to identify this issue you are suffering loss.
2. First issue legal notice and then lodge a consumer complaint.
You should have issued a legal notice for cancellation of sale deed and then filed a suit for cancellation of sale deed to claim the recovery of sale consideration along with compensation.