HDB Financial Services — legal procedures not followed

Address:

Greams Road, Chennai - 600006

Respected sir / madam,

Sub: complaint on hdb financial services, due to not following legal procedures

This is bring to your kind notice & attention that we have been mentally harassed by officers from hdb financial services (Greams road, chennai) to remove our belongings from our property, while the case (Sa135/2019, sa67/2020) is pending with drt1 chennai.

Kindly refer the details below for your ready references

Background:

My mother (M jamuna) was one of 3 partners in vjs associates, chennai, which was into construction business (Builders) - m n vijayanathan (Main partner), m jamuna (Sleeping partner), sujatha (Sleeping partner), had availed loan from hdb financial services, greams road, against each of 3 partners properties. Unfortunately, main partner mr m n vijayanathan, cheated other 2 partners (M jamuna, sujatha) by transferring loan amount (Appx 3.4 crores) to his family members and eventually our properties were declared npa. However legal suit against m n vijayanathan is pending in city civil court chennai (Case no os/2115/2016, os/983/2016), next hearing on 3rd & 14th jul 2020

M n vijayanathan property at: plot no 43, ganesh nagar, thiruvanmiyur, chennai-41 (Schedule ii), main borrower

M jamuna property at: new no 11, old no 25/1, kailaya st, old washermenpet, ch-21 (Schedule iii), guarantor

Sujatha property at: 4e kalashetra colony, thiruvengadam st, besant nagar, ch-90 (Schedule i), guarantor

Loan a/c no: 363474

From the day of declaring npa of our properties, we are continuously at receiving end by hdbfs, like unfair practices on us

Original execution petition by hdbfs: ep37/2017 is pending with high court, chennai. Last hearing date was 3rd jun 2020 (We appeared in each of hearing except on 3rd jun)

But unfortunately hdbfs obtained possession order from chief metropolitan magistrate court (Cmm), egmore, chennai, by declaring there is no pending case at any other court, possession order passed on 25th mar 2019 (Case no crl m p no 620/2019), to our surprise and shock, hdbfs people took possession of our living property on 7th may 2019 by 11.00am with people like bouncers (Hdbfs smartly played while court were on summer holiday shutdown, giving no chance for us to react) (Point to note: 37/2017 case is pending in high court). This day is a black day and so embarrassing in front of neighbours for us, as hdbfs people were not interested to hear our voice and were just demanded to vacate the property and sealed it. Many of advocates whom we consulted, just can't believe this and they say, hdbfs violated legal processes (Possession cannot be taken for living / residential unit)

So we had to contest at drt1 chennai (Case no sa135/2019), last hearing 9th jun 2020. As interim order dated 28th may 2019, we (Both m jamuna & sujatha together) were ordered to pay to hdbfs rs. 25 lakhs by 16th jun 2019. So our properties are given stay, while property of m n vijayanathan can be sold. Enclosed interim order of drt1 chennai, dd for rs. 25 lakhs (3 dds), case status sa135/2019

But again to our surprise, hdbfs gone ahead with eauction of our properties, without following the interim order of drt1 chennai. Enclosed sale notice dated 7.01.2020 of m jamuna & sujatha properties, while we witness negligible action is taken on m n vijayanathan's property (Point to note: vijayanathan cheated jamuna, sujatha)

Yet again surprise, hdbfs people touched upon each and every business men in our street to participate in eauction (Some of the potential buyers known to us even said bank is forcing them to participate in eauction). On 6th jan 2020 our main gate lock were broke open by hdbfs for sale proceedings, so we had to register complaint with nearest police station (H4 police station), enclosed csr 4/2020 copy

Our property at new no 11, old no 25/1, kailaya st, old washermenpet, ch-21 (Schedule iii), guarantor

This is surely unfair / unethical practice, while the case is pending with drt1 chennai and high court.

So we have challenged hdbfs for possible sale could have happened on our property, as we hear from few of hdb officials & some neighbours, applied an application with drt1 on 9th mar 2020, case no sa 67/2020, hdbfs is yet to provide counter for our application. Enclosed case status copy

With covid-19 pandemic all court proceedings are extended as per latest circular...

We are continuously threatened by mr. David[protected], mr anantha[protected], mr. Dayanithi[protected] of greams road branch that they aren't bound to any of court proceeding (Actual verbatim from these people "we follow our own steps / process") and will ensure selling of this property. On 5th jun 2020, mr. David & mr. Dayanithi threatened us to remove our belongings from the house, if not they would remove our belongings and auction those too (Atrocity at its highest level)

With these 3 cases pending with court, hdbfs have gone ahead with auction / sale notice, broke open our house illegally, forced some of the potential buyer to participate in auction and on 11th jun 2020 again tried to break open the house. These events are clearly evident that officials are trying to get some gain out of this situation / trying to work for other people's interest. Completely unacceptable and it would mean injustice to common people like us

Our property is our life line, our pride (Hard earned money of father is spent to built this lovely property and standing tall more than 30 years old, is a lucky charm for many of our relations and to us

Our situation is really bad, already been cheated by business partner and with these unethical practices by hdbfs, is like adding salt to the wound