Hello,
You can not reach the DRT at this juncture.
You can claim the said amount from the builder before the NCDRC.
Regards
Can one approach DRT seeking relaxation from paying Loan EMI
I have booked a flat in Ghaziabad in Oct 2013 whose completion date was 30 month from date of aggrement and six months grace period, builder promised me that he will pay interest part of loan till possession. Bank loan was done on same conditions in subvention plan but builder has stopped working on project and stopped paying EMI. I have filled a case in ncdrc but this will take time to get settled, till then can I approach DRT for relaxation from payment of EMI Or any other suggestion for relief from emi
Asked 5 years ago in Civil Law
14 Answers
Hi,
You may move to DRT, but you may move to RERA court for adequate relief.
Sir the EMI has to be paid when the dispute settles the Consumer commission shall give you damages for same but the bank EMI cannot be avoided it has to be paid.
EMI, Bank Loan, your liability to Bank are separate from the construction and your dispute with builder. EMI are to be paid as per your agreement with Bank. Bank would start recovery process once the EMI are stopped payment.
hello
you should approach the RERA tribunal and file a case against the builder there. you can also approach the state commision and file a complaint against the builder as you have bee duped of lakhs of rupees. subvention scheme is a complete fraud and it impacts the cibil scores of the customers while the builders have a good time.
regards
You are liable to pay EMI to bank failing which bank would auction the flat
2) DRT would not grant any relaxation
DRT is equipped to handle debts recovery it is not providing any kind of relaxation in payment of EMI.
You need to get the decision of national consumer dispute redressal Commission and in the meantime please continue your EMI
Why to DRT you can pray before NCDRC and if do not get the positive order then immediately go to Hon'ble High Court and you will get the relief as your case is very strong.
I dont think that is possible
The liability to repay loan cannot be suspended
You should approach rera
Withdraw your complaint from consumer forum and go to rera
Its faster and effective
Claim refund of all moneys so far paid by you with interest and compensation. You will also get back the interest on loan, gst, stamp duty and registration fee paid by you
Dear client
You may continue paying principal amount and tell the bank to recover the rest part from the builder as you are not liable towards the same to bank. You cant stop emi of the bank as the bank has already released the entire amount to the builder on your assurance to pay back. You may also file a compensatory suit against builder in addition to the above.
Adv vikas
1. DRT has no jurisdiction to relax any term of the loan including the amount of EMI to be paid.
2. You shall have to apply to the Bank for rescheduling the payment terms and also the EMI amount.
3. Moreover, you can not just file an application before the DRT praying for such reliefs. You can file a SARFAESI Application (S.A.) only after Possession Notice u/s13(4) of the Act is issued against you is issued within 45 days thereof.
4. Hope you have claimed payment of damage towards the entire additional amount to be charged by the bank and also the rent for the said period in addition to other damages.
You can approach DRT but that is not going to be great use as you are liable to pay the bank, even though there is an ongoing dispute with the builder.
If you fail to pay, bank can take legal action against you, so best recourse is to settle this issue with the bank itself.
For fast and effective remedy approach NCLT for declaration of insolvency.
The DRT is for disputes only and not for such remedies.
Any such case is not maintainable.
You cannot seek an exemption through DRT instead you can approach bank itself directly for this.
