محكمة تُلزم «الصندوق العقاري» بإقراض مواطن 500 ألف..«عكاظ» تكشف التفاصيل..

"Okaz" learned that the Administrative Court at the Board of Grievances in the Asir region ruled to obligate the Real Estate Development Fund in the area to lend a citizen an amount of 500,000 riyals from the fund's capital, and not to refer him to commercial banks, as he meets the regulatory conditions. His application date was at the beginning of Dhu al-Hijjah 1419 AH, and later, the Administrative Court of Appeal upheld the ruling, making it final.

According to the documents reviewed by "Okaz," the facts of the case are summarized in what a citizen presented before the Administrative Court, where he requested to obligate the branch of the Real Estate Development Fund in the Asir region to lend him from the fund's capital without referring him to banks. He stated in his lawsuit that the conditions apply to him based on the date of his application in 1419 AH, before the amendment to the loan mechanism.

In the absence of the defendant, despite being notified of the session date, the court found that its defenses were stable in similar cases that align with the lawsuit. The Real Estate Development Fund insists on its regulations, and it is permissible for the Fund to manage the granting of loans and follow up on them and maintain its accounts directly or delegate that to one of the banking institutions according to a contract made for this purpose. The Real Estate Development Fund has delegated some banking institutions according to a contract made with them and exercised its powers accordingly, and the Fund insisted on the validity of the procedures it took in refusing to lend the citizen from the capital in light of the amendments and procedures in effect and the organization of housing support.

The court reviewed the orders and instructions regulating the work of the Real Estate Development Fund and the mechanisms for organizing housing support provided before and after the amendment, in addition to the Ministry of Housing launching a number of housing programs, including 85,000 financial support costs subsidized by the state, in partnership with the Real Estate Development Fund and banks. The Fund pays the financing profits from the beneficiary either fully or partially based on the number of family members, income, and age. The citizen insisted on his request before the court to obligate the Real Estate Development Fund to provide the loan according to the old regulations, while the Fund requested the court to dismiss the lawsuit. The court studied the memoranda of defenses, orders, and decisions issued in this regard and concluded to issue a ruling to annul the decision of the Real Estate Development Fund in the Asir region to refrain from lending the citizen from the fund's capital, which means obligating it to provide the loan without referring him to banks, according to the old regulations.

After the ruling became final and the new execution system for administrative courts came into effect, the citizen who filed the lawsuit and was ruled in his favor submitted a request for execution to obligate the Fund to implement the judicial ruling issued in his favor and upheld by the Administrative Court of Appeal within 30 days from the date of notification. In light of this, the administrative execution judge ordered the Real Estate Development Fund to implement the executive document issued against it. Later, a representative of the Real Estate Development Fund submitted a request to the Administrative Execution Court asking it to dismiss the execution request after the citizen's name was placed on the waiting list. The execution court issued a decision confirming the execution of the decision subject to the execution request and decided to close the case file, canceling the series of procedures that obligate the Real Estate Development Fund to execute.

After the ruling became final and the new execution system for administrative courts came into effect, the citizen who filed the lawsuit and was ruled in his favor submitted a request for execution to obligate the Fund to implement the judicial ruling issued in his favor and upheld by the Administrative Court of Appeal within 30 days from the date of notification. In light of this, the administrative execution judge ordered the Real Estate Development Fund to implement the executive document issued against it. Later, a representative of the Real Estate Development Fund submitted a request to the Administrative Execution Court asking it to dismiss the execution request after the citizen's name was placed on the waiting list. The execution court issued a decision confirming the execution of the decision subject to the execution request.

The citizen who was ruled in his favor told "Okaz" that he is waiting for the Administrative Execution Court to implement the decision obligating the Real Estate Development Fund to provide the loan in accordance with the ruling.

The citizen emphasized that he insists on the request to execute the ruling and obtain the loan amount as he received a judicial order granting him a loan of 500,000 riyals, and he is still waiting to receive the promised loan, especially since the execution of the ruling has become finalized before the Administrative Execution Department.

He expressed his concern that the Real Estate Development Fund might circumvent achieving the purpose of the ruling in the case - according to his statement - without justification from the regulations.