how can builder unilaterally rescind or back out from a contract like this?
for a subvention scheme, the builder, buyer and his bank enter into a contract under which it is agreed that till possession is granted, the builder will bear the interest and after possession, the buyer has to bear the same through his banker
so no party can back out of a valid contract like this by loosely citing some regulatory constraint!!
first ask builder to show you which regulatory constraint he is talking of? ask him to provide you with a copy of the same
the buyer was convinced to book the flat under the impression that till the possession is given, the builder will bear the EMI
If such was the representation by builder, then he can unilaterally back out
the buyer must have made arrangements based on the subvention contract. Since builder has now refused to pay EMI, the buyer may not have the means to pay the bank EMI which was the original obligation of builder till possession is handed over
this is an unfair trade practice and you can approach RERA against such practice