• Nexus between builder and bank - sanctioning home loan on fake documents

I had taken a home loan from HDFC to buy a flat in Mathura. Before booking of above flat HDFC officers had confirmed me verbally that HDFC is providing home loan for this project ( some of the loans of other customers were sanctioned earlier ). Builders had failed to give the possession in time limit & denying to refund the money back. Through RTI it has been confirmed that the builders has constructed the project against the sanctioned plan which was later got compounded from local development authority. But it is revealed that my flat for which loan was sanctioned, was does not exist in the first approved plan thus was an illegal construction before compounding & my loan, as well as loan of some other customers, was sanctioned before compounding i.e on unapproved plan. Means builder had submitted the fake documents & false statement. to bank which bank does not verified, there seems a nexus between bank officials & builder. HDFC has denied to provide approved plan submitted by builder with them. Complaint has been registered with bank at all platforms i.e. on Bank's portal, their facebook account, E-mail, but they are not replying or responding. I had lodged my complaint against the builder to Govt bodies. 
Now I wants guidance that...
Q 1. What action / steps should I take against the bank.
Q 2. Stoping of payment of EMI of bank, with or without communicating to bank is justified & as per law.
Q3 Shall I go to consumer court against bank
Asked 8 years ago in Civil Law

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3 Answers

1) dont stop making payment to bank as in event of failure to repay loan your CIBIL score would be affected . in addition bank would take recovery proceedings against you

2) file complaint against builder for cheating , criminal breach of trust under section 406 , 420 of IPC

3) bank sanctions loans on basis of documents submitted . it appears builder has submitted false documents of sanction of building plans . bank ought to have verified those documents

4) file complaint against builder and bank for deficiency of service

5) seek refund of money paid to builder with interest . ask bank not to disburse further payment to builder

6) seek litigation costs and compensation for mental torture undergone by you from builder and bank

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

1. You have to issue a legal notice to the bank and endorse a copy of the notice to the builder about this.

In the legal notice to the bank you can demand:

a) Copy of approved plan submitted by the builder to bank for obtaining loan

b) to stop payment of any balance amount to the builder if any part of loan remain unpaid

c) advise the builder to refund the loan amount to the bank directly with intimation to you for the cancelled booking

d) any other remedy yo would like to have on both

2) You may inform the bank that you will not be paying EMI wing to the reason that you have cancelled the booking and the builder will repay the loan availed. You can instruct the builder to repay the same directly to the bank.

3) You can approach consumer forum not only agaisnt bank but also against the builder for this fraudulent activities and for the mental harassment they have caused to you and can also seek compensation for this.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1. Lodge a complaint with police of a and forgery of public offence agaisnt the builder and the bank. It is grave criminal offence and the persons responsible should be arrested in all probability.

2. Do ot stop the payment just now. If you do then SARFAESI action will star.

3 Yes , file case beofre the consumer forum and seek cancellation of loan, damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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