First cancel the agreement and stop the loan account..

Since the proeprty is mortgage to secure the loan let the creditor proceed to attach the proeprty which is itself in dispute. This would stop you from incurring further loss.

Now as the proeprty is litigated you have got every reason to seek refund of the advance paid so far to the builder while entering into the agreement with him.

If he refuses to do so which is very likely then file a case before the consumer forum wherein you would get both refund with interest and damages with compensaton.

Since builder has failed to deliver possession within stipulated period cancel booking seek refund

2) if builder refuses to refund file complaint before consumer forum and seek refund with interest

3) also claim

Litigation costs and compensation for mental torture undergone by you

4) in alternative seek orders to direct builder to deliver possession of flat within stipulated period

Hello sir , it is advisable to file a complaint in RERA( real estate regulatory authority ) bench against the land owner and builder ..

You're free to seek a refund from the builder since this project is now in deadlock.

Send a Legal Notice to the builder cancelling your allotment since he has has drastically failed in handing over the physical possession of the flat allotted to you within the time period stipulated; and seek full refund of your deposit with interest.

Utilise the refunds in repaying your debt.

Seek refund from builder if he refuses file suit for recovery of money along with interest. Also file consumer complaint in consumer forum for damages. Also file consumer complaint against lic for disbursing loan without proper verification of documents.

File a case against the builder and landlord for getting the flat or deposit amount in consumer forum

Dear Client,

Above default has been done by landlord for which u have no liability,

File FIR u/s 406 and 420 of IPC against both.

Even if there is legal stay on construction, builder has no right keep amount paid by u. U can also approach Consumer protection forum.

Against bank , precise can be advise on perusal of loan agreement.

Since the builder and the owner have jointly suppressed the fact of previous loan and also are not cooperating to clear the loan or tiding over the crisis, you may even lodge a cheating complaint agaisnt both for this and also drag them to the court or consumer forum seeking releif and remedy.

You may discuss with your lawyer on all such further issues and initiate appropriate legal action to recover the amount if you plan to cancel the booking.

Dear Sir,

It is better to issue a legal notice and file a suit for recovery of paid amount along with interest. Alternatively the easy mode of recovery is through consumer forum. It appears the said litigation may not end in the years to come. In either case file a interim application for a depositing your claim amount or give security for the said amount or attaching the properties of the concerned. Such application can be filed under titled "Attachment before Judgement".

Hello,

You will have to file a complaint before the RERA and claim the amount that has been paid by you.

the builder has acted in violation of the terms of the RERA act.

You may send a legal notice before filing the case.

Regards

Ask the builder to repay you what you have paid in advance as well as loan amount taken from the bank and the interest part over it