Builder mortgage our purchased property to BOB without intimation
I have booked a flat in Sukhan gold ,Gota ,Ahmedavad on 10-4-2010 with100% payment in advance.Builder issued me a letter of allotment & no due certificate for same on same day. I did agreement with builder on 5-3-2011. I got possession of flat on 30/8/2012 with registered Dastavej with Index.
Meanwhile BOB has given loan against (mortgage) total property of Sukhan gold INR 20 Cr on 16-8-2011(after my 100% payment & 50-100% payment of all members).At the time of issue of loan by BOB & builder has not taken any member in confidence by way of our written permission/advertisement on site/in leading news paper.This way RBI guidelines BC.31/ 08.12.001/2009-10 (http://rbidocs.rbi.org.in/rdocs/notification/PDFs/CFCO031111F.pdf) was violating.BOB has firsttime advertise about mortgage of total society on 13/4/2014 & preventing all members to sell the house with immediate effect. . This is a cheating done by BOB & builder
I have following questions
(1) What can I do now to make my house free from BOB mortgage
(2)How can I get justice & relief
(3)Builder is not traceable by police till date & likely will raised hand after some time
(4) If builder will not pay then how much I have to pay (Till date 9 CR is to be paid by builder & total flats+ shops are 292 with different size
Kindly give guidance to resolve the issue.
Asked 3 years ago in Property Law from Vadodara, Gujarat