Builder take provisional Noc from bank bank give provisional Noc on the basis of saledeed amount directly deposited in the bank loan account but builder deposited particular saledeed amount in his current account and done saledeed and registered in the registrar office on my name .it is right I ask builder to give final Noc they said after completion of whole project will give final Noc from bank.if builder not give me final Noc what I do which steps taken against builder and bank.bank is also responsible why they people give provisional Noc before amount is not deposited in particular loan account what is your advise
Once sale deed is executed duly stamped and registered you would be absolute owner of flat
2) there is no dispute that builder has received sale consideration amount on sanction of loan by the bank
3) when construction is completed and OC obtained builder would deliver possession of flat to you
4) if he fails to do file complaint against builder before RERA
Builder ask for 10 years maintainance as non refundable deposit for maintaining building facility work proper but amount is not describe in saledeed if builder ask high amount at the time of possession. What can I do
You should not have agreed to such a clause in sale deed
2) builder has to form cooperative society after sale of flats and execute conveyance deed in favour of society
3) builder can collect 2 years maintenance or so till handing over maintenance to society
4) you can file complaint against builder before Consumer forum and seek refund of deposits collected by builder
1. Well, since you have got the property from builder , giving a clear title to it is his responsibility.
2. Now for any reason if the ban attach the property to recover its loan then you will liable o be refunded for the money paid along with enough damages and compensation.
3. So wait till final NOC comes and pursue the mater with bank
1. File a grievance petition before the local district office of RERA with all the available documentary evidences and request for relief.
2. Builder's are not entitled to demand 10 years of buildings maintenance, more so since builders are legally bound to form and hand over the Society /Association within four months of CC /OC. Hence there is no question of 10 years of advance maintenance amounts.
The bank is equally guilty in this. Contact the bank so that the transaction is cleared.
You should file a case of fraud and cheating against him.
Dear Sir,
The Conduct of the builder prima facie doubtful think via media to come out of the clutches of the builder.
It is clearly a fraud. Complain to police.
Or file private complaint before magistrate against the builder for fraudulently depositing the sale proceeds into his current account instead of loan account.
This sale is void and illegal .
So take action promptly.
You cannot question the bank about it.
The bank will easily escape that this was provisional NOC only given to the builder on assurance that he will deposit with the bank the sale consideration amount in respect of the flat sold, thus if the builder failed to perform his part of agreement, then the bank has rights to proceed legally against the property mortgaged with the bank.
Therefore any grievance you have is confined to the builder alone.
You can drag the builder to the consumer court for cheating and claim compensation besides the main relief, also you can lodge a criminal complaint against the builder.
Every housing society has some common areas and as per the Real Estate (Regulation and Development) Act or RERA (well, even before the Act came into existence), the promoter or the builder is responsible for providing and maintaining essential services on reasonable maintenance charges to be paid by the residents.
Once the society's Resident Welfare Association (RWA) is formed, and the maintenance work is handed over to it, the builder can no longer charge for maintenance. RWA can then devise its own set of rules for maintenance charges.
Maintenance charges involve a contractual element between the buyer and the developer. It is included in the allotment letter, initially issued to the buyer after he has paid the booking amount.
The actual amount, however, is not mentioned and the builder indicates a range if asked by the buyer during the initial stages of the deal.
The builders may ask for 12 months, or 24 months, of maintenance charges in advance at the time of possession. Once handed over to the RWA, the frequency of collecting the maintenance charges is decided by it.
Upon execution of Sale Deed by paying proper stamp duty and getting it registered you will become owner of the property.
There will not be any question, since the builder received loan from bank after clearance of his project.
Upon the completion of project the builder has to get and give the Occupancy Certificate to you, failing which, you can file complaint with RERA.
Builder cannot ask for such maintenance for such a long period, he has to form society and at the most he can claim maintenance for 2 / 3 years after forming such society.
If the builder did not form society and hand over the audited accounts to the society you can also file case before Consumer Forum seeking direction against builder to form society and hand over the audited accounts to the society.
- Since, the builder has already registered the property in your name , after receiving the loan amount in his account , then you become the absolute owner of the property .
- Further, you will get Occupancy Certificate , after completing the construction by the builder .
- Legally the builder cannot charge maintenance amount before handing over the possession and before the completion of the total facilities.
- AND the builder can ask for 1 to 2 year of maintenance charges only , and demanding 10 years maintenance is against the provision of law.
- You can file your complaint in the consumer forum.
Hi
1) It appears that the provisional NOC issued by the Bank to the Builder is valid, subject to the condition that the sale proceeds are deposited in the bank loan account.
2) In your case, it appears that the sale proceeds have been deposited by the builder in his other bank account which is contrary to the terms of provisional NOC
3) The legal remedy for you to approach the bank and inform them of the transaction (Date of payment, amount, payment mode, sale deed details etc) in writing and asking them to provide you the no objection certificate within 30 days from the date of your letter.
4) Ensure to get the copy of your letter duly acknowledged by the bank and retain this copy in your safe custody.
5) If the bank has not received your sale proceeds, they should collect the same from the builder either by issuing notices to him or recovering the money from sale of other flats or else they should issue the NO OBJECTION CERTIFICATE to you.
6) Even if the bank chooses to be silent after 30 days, at least you will be safe and bank cannot claim any monies from you later.
7) With reference to your non refundable deposit for maintenance, builders can claim maintenance only for the period when the project is under construction and not thereafter.
8) Maintenance is a subject matter of resident welfare association which has to be formed if the apartment complex comprises of more than 15 flats. So, you should refuse to pay the builder maintenance for 10 years and instead opt to pay maintenance for the flat from the date of possession of your flat and till the date of formation of resident welfare association.
9) You should be firm in your dealing with the builder as in law the rule is caveat emptor (Buyer beware).
Hope this information is useful
Builder has committed fraud with bank by not crediting sale amount in bank account. Obtained noc by malpractice. This NOC is void.
And in case builder defaulted in laon repayment, bank will auction your property. Refuse to pay any maintenance till OC not issued. And you can offer yearly or monthly maintenance. You cannot be bound to pay in lump sum. And till no noc from bank, your title is not secure.
You can file a case in consumer court for deficiency of service against the builder
Sir/Madam,
The said action on the part of the bank is correct and the final NOC may be given after completion of the project. If the builder does not give NOC after completion of project, you may file the suit of specific performance. There are specific mentions regarding the maintenance charges, formation of owner association etc. and you are suggested to go by the agreement and not as per the builder's demand.
Hi
Complaint to the registrar cooperative Societies for the excess amount the builder is asking.
Get the NOC confirmed from bank by showing your registered papers
Thanks
1. No need to worry once sales deed is registered you are absolute owner of the flat.
2. Payment should be given to builder from loan account on execution of sales deed.
3. Builder cannot ask for 10 years no. Refundable maintenance charges but if you have signed the agreement for payment of maintenance then you should pay maintenance after taking reciept of payment made to builder.
4. If builder ask for higher amo t at time of possession then you can pay to builder under protest and file complaint against builder before RERA or consumer forum.
Hello,
You can approach the RERA or else file a consumer complaint.
Regards
if builder fail to give, you can file complaint before District consumer Forum.
