• NCLT - home loan amount

I have got a home loan of 50 lakhs and paid 12 lakhs as my contribution for an apartment with an option of pre emi payment and exit option(with in 30 months) from the builder. Builder have not paid pre emi for 2 years. I have opted for exit option since there is not much construction. I have filed a case in RERA and got a judgement stating the builder should be paying my amount paid +pre emi +loan amount and intrest if any. I am still paying my pre emi to the bank.
Since the builder have not honored the rera verdict, I am planning to go to NCLT for the claim. Am I elegible for complete amount to to be claimed as per rera verdict (including home loan). I was told by someone that home loan amount which is paid to builder cannot be claimed in NCLT. Is it true?
Asked 6 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

If builder has failed to honour RERA verdict your remedy is to take out execution proceedings 

 

2)builder bank account and property can be attached in execution proceedings 

 

3) no need to go to NCLT 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

You don't go alone, if like you there are more buyer than all can file case together to appoint for liquidators and take a charge of company and sale the flats and return your money.


The home buyers do not have the option to initiate any legal proceedings against the builder company during the moratorium period, the home buyers do have the option of approaching the IRP and submitting their respective claims. The moratorium runs from the commencement of insolvency proceedings till 180 days thereafter or till the approval of insolvency resolution plan. Once the moratorium is over, the home buyers can approach various legal forums like consumer courts, civil courts, etc. for redressal of their grievances.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See go for the execution of the RERA order as per the RERA act before the RERA authority you will get better relief as the RERA order shall be modified in case of NCLT you need to show the financial debt and start insolvency proceedings from starting. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you have to file an application for enforcement of order u/s 40 of the Act, which deals with Recovery of interest or penalty or compensation and enforcement of orders, etc.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

You can claim complete amount in case moratium is passed by NCLT against builder you can add your claim in there petition only.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You would get your money in execution proceedings 

 

2) during pendency of execution proceedings you cannot file application before NCLT 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

You can approach for non delivering of whatever promised by builder. Buyer is financial creditor. Your amount is confirmed by RERA verdict.

IPR will ask your amount due, you are entitle to same and not interest part - You are entitle recover whatever amount contributed either personally or through loan.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you can claim complete amount as per verdict of RERA.

But once you move to NCLT you will be filing case as creditor and will be getting return proportionate to your investment with builder after liquidation of his assets.

so it will be better if you go for recovery through Execution petition.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- As per law, if the builder fails to comply the order passed by the RERA authority under section 40 of RERA Act, for refund the amount , compensation , penalty , then the builder has 45 days time to execute the said order and to refund the amount to home buyer.

- Since, the RERA has already passed its order in your favour , and builder fails to comply the same, then you should move an application for execution of the passed order . Then RERA has full right to cancell his licence and attatch the property in  whole and further builder will be behind the bar.

- Hence, once the RERA has already passed order in your favour , then approaching NCLT will not give you any benefit.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

The verdict given by RERA should be executed through RERA sources only.

You may not be able to recover the same through NCLT.

Once the RERA Authority passes an order for compensation and interest under Section 40 of the RERA Act, the builder has 45 days to execute the order and provide the compensation to home buyers.

In case the builder fails to enforce the order passed by the RERA Authority in favour of the home buyer, the home buyer can file an application for the execution of RERA order against the builder with the same RERA Authority

Section 40 of the RERA Act states that if a promoter, allottee or real estate agent  fails to pay any interest or penalty or compensation imposed by the adjudicating officer or the RERA Authority, it can be recoverable from such promoter or allottee or real estate agent in such manner as may be prescribed as an arrears of land revenue.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

 


You're on a par with other financial creditors, including banks; no one can touch the house of which your builder has yet to give you possession.

The Centre has now come to the rescue of such distraught home buyers, with President Ram Nath Kovind giving his approval in May, to the promulgation of an ordinance to the Insolvency and Bankruptcy code (IBC), 2018. Under this ordinance, flat owners will be treated as 'financial creditors', on a par banks and other financial institutions during debt recovery.

The ordinance is path-breaking in that the home buyer, as a financial creditor, can recover the money he paid to a bankrupt builder from the sale of its assets. This includes properties under construction, the builder's company and associated assets. Apart from enjoying legal powers equal to those of the banks, home buyers will also have voting rights that would enable them to participate objectively in the insolvency resolution process and shield their interests in the same way as those of the banks. They will get due representation in the Committee of Creditors (CoC) that voluntarily takes a call on resolution proposals for the bankrupt firm.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer