If you have taken home loan you ha e to repay the loan
2) you have not mentioned why NBW is issued against you
3) sue the builder to obtain OC deliver possession of flat to you
Property issues
I have taken home loan form aspire home loan agency of amount 24 lakh , for 1 RK+ 1RK=2 RK, EMI. 24000 per month in November 2016. Builder had promised me to give possession of flat in 2 month but he has not given me possession of flat till 1 year And I have payed EMI to bank Up to 1 year .after that i realised that builder is not interested to give me possession and he got disappear.now bank is forcing me to take possession and pay EMI .bank has issued non ballable. Warrant against me .but I realised that builder was froud and now I don't want to pay EMI or possession of property.parallelly I couldn't pay EMI and and also I couldn't settles matter in one time settlement step as bank is forcing me to do so.one time settlement. Kindly give me solution
Asked 6 years ago in Property Law
Religion: Buddhist
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10 Answers
This is a clear case of deficiency of service and unfair trade practice.
So file a case before the consumer forum seeking delivery of possession, execution and registration of a sale deed and damages and compensation arising out of delay in giving out the same.
So there is no point in chasing the builder anymore and file a case before the consumer forum for which engaging an advocate is not essential.
You can go to consumer court. When you are not getting possession from builder how can bank ask you to take possession
File a cheating and fraud case agaisnt the builder and see if builder is company file NCLT petition for your refund of your money or alternatively a suit can be filed.
You can file a case of cheating u/s 420 against builder.
You can also file a complaint in District consumer forum on Defeincy of services and claim compensation for mentally agony.
Kindly ask bank to take possession of the property against which bank has reimburse the loan amount and what terms and conditions bank had issued this amount.
It was bank's duty to check whether builder is fraud or genuine in the market.
1. Is the project RERA registered?
2. If it is not registered under RERA then you have to sue the builder in consumer forum to seek delivery of possession with damages, alternatively for the refund of amount paid by you to the builder and also EMIs with damages and cost of litigation.
How can bank issue non bailable warrant. FIR filed ?
Bank must have taken possession of property, why don't you deal with bank.
What is the reason that there is a non-bailable warrant pending against you, was there any case filed by police through bank for cheating?
The bank has to follow the due process of law for recovery and cannot approach police for this.
Especially when you have not taken possession of property, there is no liability yet on your part.
However you can ask bank to initiate action through sarfeasi act for recovery of loan amount since you will not be able able to pay the loan amount.
Let the builder answer because the property is yunder the control of builder and he only ha to answer the court when the bank is taking possession of property.
You may discuss with your advocate on further issues and take proper decision at right time.
- As you have mentioned that builder had not given the possession and bail is forcing you to clear the loan.
- There is no doubt that loan has been taken by you, so would have liability on you to clear the same.
- Firstly, you should file a cheating complainant against the builder as well as the consumer case for the recovery of money with interest.
- And then file a suit for injunction against bank seeking stay in the forcing you to clear the loan as you have been cheated and would only be able to repay once the money gets refunded.
- Rest, in the mean time, I would look for some good case laws which may be in your favour.
