• 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 4 years ago in Civil Law

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14 Answers

Hello,

You can not reach the DRT at this juncture.

You can claim the said amount from the builder before the NCDRC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You may move to DRT, but you may move to RERA court for adequate relief.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

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

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

You are liable to pay EMI to bank failing which bank would auction the flat

2) DRT would not grant any relaxation

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

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.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

For fast and effective remedy approach NCLT for declaration of insolvency.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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