Bank Loan Fraud
In Year 2003, I had helped a friend of mine a Tax consultan/upcoming builder to seek a loan in my name for his vacant flat in his under construction building.
Loan was taken from Corporation bank for 7.11 lacs. All payment was paid by Bank through Cheque.
I agreed with friend as he showed me the property and that the flat would be registered in my name. During thos year, I was young and I did not understand the registration process.
I also provided him the cheques for installments for the EMI. All interest for the home loan was being paid by builder. All was going well, and I totally forgot about the deal after 3years. Later I shifted and hoped he has taken care of the deal.
However, this was not the case. After 13 years I have received a notice from Corp Bank that I have defaulted the loan. On investigation it has been reveled that the Builder had actually forged the sale deed and registration copy of registrar and had made the agreement for a non existent property and took the loan. This has come to me as a shock and the bank claimed on me 23lacs dues.
During my meeting with Bank Manager he informed me the the Builder had cheated the Bank and many such people by forging the property papers and taking multiple loans. However, since the loan agreement was on my name, I will have to pay the dues or else they will proceed against me in court of law.
I verifying the papers I came to understand that my photos and finger print all where forged by the builder to claim the cheque amount. The Builder promised me to pay all the dues. I asked the builder to make an MOU for the payment but he has delaying the same on various context.
A meeting was fixed up by Bank in Lokaykut Court for settlement and we settled the bank for principle amount in tune to INR 5lacs.
Bank Manager informed me that since ther builder has defaulted against me I must claim the money from the builder.
Bank also claimed that the Builder has given then in writing that the fraud has been done in my case and he would return the money but refused to give me a copy of the same claiming its private between builder and Bank. No action by Bank has yet be taken against the builder and no FIR. Bank claims that since the builder is cooperating to repay they don't want to go legal way.
About the Builder: He has lost his business and currently survives on his spouse income. He was underground for 5years and is also on bail as he had cheated other banks as well. He claims he has filed a case to recover some of his property deals but I am not sure.
1. What remedies do I have to recover my money from the builder?
2. I feel the Builder and Bank manager were hand in gloves for this fraud since how did the Bank release a payment of INR 7 lacs without verifying the property papers in 2003.