• Home loan on unapproved project

I've received response in favor of RTI . Authorities yamunaexpresswayauthority /GNIDA stating Jaypee Budh studio-2 Project was never approved from GN Authorities/yamunaexpresswayauthority (Authorities had sent them a notice that their project plan is not right and they need to resubmit it and JP authorities never responded/reply back their notice) . However Bank sanction a Home loan on this
Project and now Builder scrap this Project .
I've asked bank (ICICI) to provide me a copy of all Builder Document

Builder Document
1) Approved Project Financial (APF) Number of the project.and
2) provide a copy of all the relevant documents like Government clearances, No Objection Certificates (NOCs), Title Deeds, Sale Deeds, Approved Plans, and Freehold/ Leasehold documents in order to prove that the project has all the required licenses and permission.
3) Plz submit proofs of clearances from authorities like forest, pollution, fire and electricity board submitted by builder to get APF number.

They have denied my request to provide me copy of builder document . 

Can you please guide me what legal step need to taken against bank as Banks scrutinies all documents before approving loans
Asked 8 years ago in Property Law
Religion: Muslim

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4 Answers

file complaint against bank before consumer forum for deficency in service

2) bank is supposed to do due diligence before sanction of loan

3) seek compensation from the bank for loss suffered by you

4) also claim litigation costs from bank

5) builder should be made party to complaint and seek refund of money paid by you to builder with interest

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file a PIL against the bank for sanctioning home loans on unapproved project.

The documentary evidences you obtained through RTI act would support your claim.

You can seek relief against the bank which is involved i sanctioning the loan on fake and fabricated documents fraudulently and allowing wrongful gains causing loss to public money.

Before that yo exhaust the remedies by making a representation to the top management of the bank and obtain their reply on the action taken by them.

If the reply is not satisfactory then you may try the legal option for remedy.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

How are aggrieved on this and what is the grievance that the bank has caused you by sectioning the loan on unapproved projects.?

Until you are not directly affected by bank authorities you have no cause of action to lodge a criminal complaint agaisnt bank.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

file complaint against builder and bank officers for cheating , criminal breach of trust under section 406, 420 of IPC

builder for selling flats without any approvals and bank officers for sanctioning loan in collusion with builder when the plans were not even sanctioned

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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