Hindon Heights Flats Allottees Association in DRT: Members of above association approached this NGO with their grievances for being impleaded in various courts for no fault of theirs.
We came to know from them that:
Hindon Heights project was launched by Shrya Developwell Pvt Ltd with arrangement of loan from IDBI Bank and tripartite agreement between the Builder, the Bank and the customer was entered. The customer was to pay the margin money to the Builder and the Bank was to release the loan to the Builder. In case a customer cancels the booking or in case of any other default the Builder is to pay entire amount of loan with interest etc. to the Bank.
But it is very unfortunate for the customers that the Bank has filed cases against the customers and builder together and cases went on for years i.e. from 2007 to 2013. At the end also they are the most sufferer. The DRT attached a building of the builder to recover the loan. The building is having already allotted flats of those persons who have not taken loan from IDBI. The Builder therefore approached the DRT to amend the recovery proceeding order of auction because of flats of those persons in that building who never took loan from the Bank. But the DRT declined to amend their orders.
Therefore the builder Shreya Buildwell Pvt Ltd filed an Appeal in the DRAT against IDBI and also made all the allottees of the building a party, to let them also represent their case & their problem to protect their right to property in the proceedings of the Case. If all those who have been summoned in the case do not appear or represent, the Appeal shall be decided ex-parte (means in their absence). In such an eventuality, the decision may go in their favour or against too.
Our legal experts have taken up the cases at DRT and DRAT of majority of the members of the Hindon Heights Association.
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