बैंक बिना बिल्डर के पेपर चेक किए LOAN ऑफर कर देते है और जनता सोचती है कि BANK ने जांच कर ली होगी। इस FIR में जमीन किसी और की निकली। बैंक ग्राहक को ILLEGAL BUILDING के LOAN में उलझा देते है और बोलते है पेपर की जांच करना ग्राहक की जिम्मेदारी है।
बैंक पर भी FIR हुई बिल्डर के साथ साठगांठ करने पर
A former banker had a small victory when he took on a large real estate group and got a court injunction to file a First Information Report (FIR). The FIR is not only against the builder but also against the banks that sanctioned loans. Between the reneging of the commitment by the builder and filing the FIR is a story that I think others fighting the system should know.
For decades, developers colluded with banks to create tripartite agreements with the consumer as the first party. These subvention schemes protected the developer as the loan was not in his name but spoiled the credit scores of consumers in whose name the loan was sanctioned. However, the consumer had no say in when the money was to be disbursed by the bank to the builder or how it was to be used. When the developer stopped paying the instalments as promised, the bank went after the first party, the consumer. The developer continued to get fresh instalments or even new loans from the same bankers.
Making A Move
Consumers like this banker challenged the logic. It was a fight similar to what the Jaypee buyers fought for in the Supreme Court when the company was taken to liquidation. Consumers were never to be part of the repayment under the Securitisation Act. But once they proved that the consolidated payment to the developer by buyers was larger than any bank, they were given the status of financial creditors with powers even to take the developer to court. However, banks have continued to persecute buyers who have paid their money but not got their homes.
The banker decided to study law to take on the corporate giants. The situation was not going to change drastically while he studied the ins and outs of law to be his own champion. In December 2020, in an online hearing, the Patiala House Courts ordered that the FIR should be registered against the builder as well as the banks that sanctioned the loan, knowing that the titles of land were not clear. Also, the bankers did not do their due diligence about project stages and continued to lend to the builder, despite written protests by buyers.