You can go to consumer court or rera as per your choice. They will issue directions for the same
Hello, I have took a bank loan from ICICI to buy an apartment in Asten Campus Court, Kakkanadu, Cochin. The promise was to complete the project by 2015. There was also a promise to pay the pre emi until the handover. Until now, the project remains incomplete and the builder says lack of funds to complete the project. The following to be noticed:- - Builder stops paying the pre emi. Though they advertised the scheme is in approval of ICICI bank, now ICICI says they are aware of the scheme however, the payment is purely builder responsibility - Builder says he pledge the entire building to Piramel financing though i have paid 90% of the project through ICICI home loans. All legal checks were done by ICICI legal team and all original documents held by them. How can the builder pledge the property without ICICI bank nod? - I have asked to cancel my booking for failure to meet the promise, the builder keep assuring me through email with revised deadlines. - Builder advertized the property as an integrated living with hotel and shopping mall which prompted me to buy this property. Now the builder says he sold the land earmarked for the hotel and shopping mall. What actions i can take to save my money and push the builder to complete the project? Requesting your kind advise. Regards, Rinto Antony Email : [deleted]
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I dont want a prolonged fight in court to get the project completed. Is going to RERA or consumer court bring a faster solution / verdict? Builder is a private limited company. Can the promoters held personally accountable for misleading and cheating?
You have asked builder to Cancel your booking
2) if builder has failed to refund your money you can file complaint against builder before RERA and seek orders to direct builder to refund your money with interest
3) in alternative seek orders to direct builder to deliver possession of your flat within stipulated period
Filing complaint before RERA is best option
contact a local lawyer
3) you can also file complaint against company and its directors for cheating
1. See you can see cancellation on delay and can seek refund of the amount on cancellation .
2. Further if he fails file a RERA complaint it is fast or can can alternatively approach NCLT if builder is company
In RERA you can pray for timely completion and compensation and disposal is fast.
If builder if company NCLT is also company.
Dear,
First appoint local lawyer and file complaint in RERA for fast results.
Yes promoters are fully responsible for this, you can file complaint against them.
Builder stops paying the pre emi. Though they advertised the scheme is in approval of ICICI bank, now ICICI says they are aware of the scheme however, the payment is purely builder responsibilitybuilder must be a party to the tri party agreement made for the subvention scheme. So he is at fault. It is for ICICI to take steps against the builder since the bank must have already disbursed the purchase price to the builder.
- Builder says he pledge the entire building to Piramel financing though i have paid 90% of the project through ICICI home loans. All legal checks were done by ICICI legal team and all original documents held by them. How can the builder pledge the property without ICICI bank nod?
is the project even registered with RERA? If yes then after a unit is sold to the flat buyer, he cannot further mortgage that unit. If he does it will be a violation under RERA. In your case the builder says that he has pledged the building. How can that be when the building itself is incomplete? I think he must have mortgaged the future units to be constructed using the FSI potential of the land, with the financier Piramal housing. However that mortgage must not include your unit. Even if it is mortgaged then ICICI bank will have a first charge on it in case of default in repayment of its loan. Again this is for ICICI to tackle and you should not worry. You can inform ICICI though
- I have asked to cancel my booking for failure to meet the promise, the builder keep assuring me through email with revised deadlines.
you are now statutorily entitled to cancel as the possession date has been crossed. You can claim full refund with stamp duty and registration fee and even the service tax/VAT/GST. You can also claim interest on your money plus compensation u/s 18 of RERA
- Builder advertized the property as an integrated living with hotel and shopping mall which prompted me to buy this property. Now the builder says he sold the land earmarked for the hotel and shopping mall.
if he did that then it amounts to misrepresentation u/s 12 of RERA and unfair trade practice u/s 7 of RERA. Even on these grounds you can claim refund
What actions i can take to save my money and push the builder to complete the project? Requesting your kind advise.
a RERA complaint is one option. It is fast. But it is toothless. You may get a favorable order but to execute that order is an uphill task. The RERA authority does nothing to expedite the implementation and execution of its own order. It is a shame and it has failed the people.
A Consumer complaint is another option in lieu of RERA complaint. But it takes time and also suffers from the same vices as above
third option is to file a insolvency petition u/s 7 of Insolvency and Bankruptcy code as a financial creditor of the builder, since he says that he is short of funds.
fourth option is to file a complaint with the Competition Commission of India
You can withdraw front he project, Complain to RERA. Even you can file FIR against the builder. Buyer cannot be made to wait indefinite for delivery of possession and another ground you have extension of project and trasfer of business to Piramal.
Compensation you can get by filling consumer court.
issue a legal notice to builder and file complaint before District Consumer court on defiency of services Court will issue direction to builder .
1. Was the project RERA compliant?
2. If yes, then file a complaint case before the RERA Tribunal against the builder alleging defficiency in service and unfair business practice claiming refunjd of the entire amount paid by you with interest, damage and cost.
3. If the project was not RERA compliant, file the same case before the State Consumer Dispute Redressal Commission for the same relief.
4. Simultaneously, lodge a police complaint against the MD of the building company bringingf the charge of cheatng against him.
5. If police fails or refuses to register FIR against te said MD, file a Writ Petition before the High Court against police inaction making the said MD an additional party praying for an order upon the police to register FIR, investigate and act based on your said complaint.
1. Ordinarily the cases filed before RERA or Consumer Commission are disposed off faster than civil courts. So, opt for the same .
2. Lodge criminal complaint against the MD of the company also as suggested in my earlier post and act as advised to get faster result.
You may give a complaint before RERA in this connection or cancel the booking and demand return of your investment plus the loan amount obtained from bank.
You may even drag him to consumer forum for relief and remedy if RERA is not effective.
Without legal action against the builder you will not get any relief in this regard.
You may approach RERA or consumer forum for relief and remedy.
Housing project of the builder is funded by ICICI bank corporate finance. At the time of availing the bank loan by me from ICICI home loan, ICICI bank knows that there is a default by the builder in repayment of loan.....and thus the completion of project on time is questionable. Since, i took home loan, legal documents review and project approvals is done by ICICI bank and not informed me as a customer about the problems with the project and builder. Can we consider this as suppression of facts and giving misleading appraisal of the project? OR can ICICI bank argue that the loans are from two different departments and hence they have no responsibility to notify? For a common man, there is only one ICICI bank....What would be Court's stand in a dispute?
bank should have pointed out to you that there is default by builder in repayment of loan and not to invest in project
2) you can file complaint against bank before consumer forum and seek compensation from bank for suppression of material facts
yes the bank ought to have informed you that the builder has defaulted in repayment of loan
it should have ideally refused to grant you loan for buying a flat in the project
this appears to be a nexus between the bank and builder
elevate the issue to the Banking Ombudsman and RBI
The bank just to do its business cannot keep the borrower in the dark
why has the bank not yet taken any steps against the builder for his default in also failing to repay the pre-EMI under your triparty agreement, also raises suspicion
Yes bank is also responsible for hiding the facts and not disclose in front of you.
You can also go to consumer forum against bank.
If you have decided to cancel the booking you may concentrate on that aspect alone, you dont try to drag the ICICI bank into this controversy because there wont be any benefit for you by fighting agaisnt the bank.
Your grievances are against the builder and not against the bank hence you may better plan things to recover your money from the builder if you are not interested in continuing with the booking or if you still want to have this flat then you may again have to attack the builder only and not the bank which sanctioned you the loan.
1. The entire project, which includes all the flats top be constructed, has been mortgaged with the ICICI Bank by the Developer.
2. Thereafter, tyhe same ICICI Bank has provided you loan to buy flat from the project which has already been mortgaged by the Developer. Did the ICICI Bank issue permission to you in writing to buy the part of the property already mortgaged with them by the Developer. As per law, mortgaged property can not be dealt with in any way without the written approval of the mortgagee.
3. You can approach RERA or Consumer Commission against the Developer also making ICICI Bank as the necessary party seeking refund of the amount paid by you with interest, damage and cost.