Allowed

Union Bank of India v. Pushpa Devi

DRT21 Dec 2024TA/2632/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal adjudicated an original application filed by Union Bank of India for recovery of home loan dues of approx. Rs. 44.86 lakks from defaulting borrowers and guarantor. The court allowed the application based on corroborated documentary evidence issued a recovery certificate and directed the recovery of the amount from the mortgaged property.

What did the court decide?

Recovery certificate to be issued for recovery of Rs.44,86,203.80 plus interest from the sale of the mortgaged flat and other properties.

Union Bank of India versus Pushpa Devi — Banking and Recovery | DRT (2024)

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T.A. No. 2632 of 2022

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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T.A. No. 2632 of 2022

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Union Bank of India Sachdeva Public School Building FP Block, Maurya Enclave, Applicant Pitampura, Delhi-110088

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Versus

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Mrs Pushpa Devi 2. Sh. Ajay Kumar

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Both resident of: 249, Harizan Basti Near MCD School Village Madanpur Dabas, New Delhi-110081

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Also at: H.No.81, First Floor, Pocket-1, Sector-22, Rohini, Delhi

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Sh.Dharam Vir R/o 853/10, Sampla Defendants Rohtak, Haryana

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Present: Shri Sandeep Kumar, Counsel for the applicant bank

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Date of Institution: 31.01.2020 Date of Pronouncement: 21.12.2024 FINAL ORDER

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This original application has been filed by the applicant bank on 31.01.2020 before DRT-III Delhi & then transferred to DRT-I, Delhi through Shri Gaurav Rai, authorized representative of the applicant bank under Section 19 of

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T.A. No. 2632 of 2022

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Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.44,86,203.80 (Rupees Forty Four Lacs Eighty Six Thousand Two Hundred Three & paisa Eighty only) as on 30.11.2019 along with pendentelite and future interest @10.25% per annum with monthly rest from the date of filing of this application till its realization and costs.

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The brief facts of the case are that on the request of defendant no.1 & 2 being co-borrowers vide their housing loan application, the applicant bank sanctioned Housing Loan facility of Rs.49,90,000/- (Rupees Forty Nine Lacs Ninety Thousand only) on 23.07.2014 @10.25% floating interest per annum subject to change from time to time to be repayable in 240 EMI in order to purchase of flat under Union Home Scheme of the applicant bank. The defendant no.3 stood as guarantor for the housing loan facility availed by defendant no.1 and 2.

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That in order to avail the said home loan facility, the defendants executed Demand Promissory Note (21G), Housing Loan Agreement (SD-11), Agreement on Rate of Interest, Letter of Guarantee(SD-01), Consent Clause all dated 23.07.2014 in favour of applicant bank.

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That in order to secure the housing loan facility, the defendant no.1 created mortgage of property by deposit of title deeds along with chain of documents of Flat bearing no. 81, First Floor, Pocket 1, Sector 22, Rohini, Delhi on 05.08.2014 vide Memorandum of Deposit of Title Deeds (Form AD-13) with the applicant bank.

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It has been submitted by the applicant bank that after availing the aforesaid housing loan facility, the defendants

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54-

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T.A. No. 2632 of 2022

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failed to comply with the terms and conditions despite several requests and reminders, failed to pay the overdue instalments to the applicant bank. The Applicant Bank issued various demand notices to defendants to pay the dues but no response. The applicant bank classified the account as NPA on 30.09.2019 as per RBI guidelines but defendants failed to regularize the account; hence the applicant bank has approached this Tribunal for recovery of their dues.

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The defendant no.1 and 2 executed Simple Debit Balance Confirmation on 06.08.2016, 04.03.2017 and 02.01.2018 acknowledged the debt with the applicant bank.

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Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. Vide order dated 15.10.2024, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal nor written statement, list of all bank accounts and affidavit of assets etc. have been filed.

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Notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 07.10.2019 issued to the defendants calling upon them to pay the entire outstanding dues with the applicant bank.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Gaurav Rai, authorized representative of the applicant bank who has proved the documents as Power of Attorney AW1/1, Sanction Letter AW1/2, Demand Promissory Note AW-1/3, Housing Loan Agreement AW-1/4(colly), Letter of Guarantee AW-1/5(colly), Consent Clause AW-1/6 & AW-1/7, Agreement on Rate of

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T.A. No. 2632 of 2022

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Interest Ex.AW1/8(colly), Simple Debit Balance Confirmation Ex.AW1/9, NPA Certificate AW1/10(colly), Memorandum of Deposit of Title Deed AW1/11(colly).

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10.^{The applicant bank has fully corroborated the averments} made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly proved.

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11.^{The case filed by the applicant bank gone unrebutted and} there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

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12.^{In the light of the above discussions, the Original} Application deserves to be allowed.

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ORDER

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I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within a period of 30 days a sum of Rs.44,86,203.80 (Rupees Forty Four Lacs Eighty Six Thousand Two Hundred Three & paisa Eighty only) as on 30.11.2019 along with pendentelite and future interest @10.25% per annum with monthly rests from date of filing of this application till the date of realization and costs, failing which the aforesaid amount shall be recovered from the sale of Flat bearing no. 81, First Floor, Pocket 1, Sector 22, Rohini, Delhi. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

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(II) The recovery certificate be issued forthwith and be sent the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

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T.A. No. 2632 of 2022

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(III)^{Parties are directed to appear before Recovery Officer,} DRT I, Delhi on 19.02.2025.

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(IV)^{Copies of final order as well as Recovery Certificate be} sent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 21.12.2024

Union Bank of India v. Pushpa Devi

Case brief

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Union Bank of India v. Pushpa Devi

Case brief

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