• Flat registration

Please find below the sequence of events that happened to us after introducing the flat no. A806 at Samethana Lakefront Apartments, Samethanahalli owned by SPL Housing
to us through a broker named Azam(azam.splhousing@gmail.com,venus.home3@gmail.com), on 24th May,2015.

The flat was incomplete and many works were pending. Mr.Bharadwaj (employee of SPL) and Azam agreed orally that the work will be completed within 3 weeks and registration and possession will be given within 3 weeks.

1. Flat cost was Rs. 31,75000 including registration which we contacted PNB Housing through the Builder and they agreed a home loan of 2678000lakhs and on 27th May 2015, the loan was approved.

2. Paid the advance amount of 6 lakhs by cheque on 25th May, 2015 against the flat No. A-806 which was incomplete.

3. Paid the remaining 35000 by cheque again on 1st June 2015. 

4. The buider agreed for July 5th to do the house warming ceremony. 

5. Got call from Bharadwaj to issue cheque for releasing the loan amount from bank. Even got threatened when asked for more time for the same.

6. Cheques were issued immediately and 95% of the loan amount was released to the builder.

7. But urfortunately on July 5th, the work was not even started.

8. And from other workers we got to know that the builder is not going to do any work on that apartment.

9. Builder later agreed that and was ready to give another flat which is A203 and it was ready to occupy.

10. We informed the bank about this swap via mail and call. Bank associate told us on call that they will collect the required documents from the builder about the swap.

11. We insisted the builder about doing the agreement again but he informed us that it will take a long time in banking process and it's better to go for registration which we trusted but later came to know he was cheating.

12. We have done the pooja for A203 and started living

13. So We have an agreement on Flat A806, But we are living in A203.

14. On further pressure applied on builder, They provided a NOC for A203.

15. Later, we got to know that A203 is Mortgaged with City Union Bank.

16. Now and always builder is asking for more time again and again which is going endlessly.


In a nutshell, we paid 32 lakh Rs for a flat and paying the EMI but the flat is still not registered in our name and the same flat in mortgaged with another bank which was hidden to us.


Registered office of the Builder: #33-44/1&2, 8th Main, 4th Cross, RMV Extension, Sadashivnagar , Bangalore - 560080


Kindly let me know what all legal action can be taken in this regard, Both against the bank and builder.

Is it possible to stop the EMI till the registration is done? What are the steps to stop the ECS


Thanks,
Rahul
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) issue legal notice to builder to deliver possession of flat A 806 

2) in the alternative ask builder to clear dues of city union bank and execute deed of rectification so that instead of flat A 806 flat No A 203 can be mentioned 

3) if builder fails to do file complaint of cheating and criminal breach of trust against builder 

4) also move consumer forum and direct builder to deliver possession of flat A 806 or refund money paid with interest and also pay compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
file a criminal case U/s 420 IPC against builder and bank, both have cheated you and left you high and dry.
file a civil suit seeking a permanent injunction against the builder or bank trying to sell, or create further charge over the Flat bearing A806. 
You have a bank loan from the bank for A806 and also the agreement for that flat. but since you are currently living in A203 as your flat is not ready, continue to live there as builder has provided NOC for that flat. 
However since the payment is fully paid up by you seek for specific performance from the builder seeking for registration of Flat bearing A806.
First and foremost you must issue a legal notice to the builder and inform him that you will be proceeding legally.
Kiran N. Murthy
Advocate, Bangalore
770 Answers
52 Consultations
5.0 on 5.0
Hi, you can file a consumer complaint against builder for recovery of the amount which is paid by you.

2. First you have to issue legal notice and then proceed for filing complaint before the consumer forum.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The builder has violated the penal law by committing the offence of cheating, apart from being amenable to the jurisdiction of the civil court. The remedy for you is to file a lawsuit against the builder to seek directions from the court to him to deliver the possession and register the sale deed in your favour along with heavy compensation for delay. No action lies against the bank though. If you stop the EMI now the bank will put the property to auction, to preempt which you will have to move a petition for stay before Debt Recovery Tribunal. 
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Kindly let me know what all legal action can be taken in this regard, Both against the bank and builder.

Is it possible to stop the EMI till the registration is done? What are the steps to stop the ECS


Firstly it was not legal for you to occupy some other flat when you have no papers or agreement or registration on your name for the new house which was occupied on the oral assurances.  After that also you have not insisted on registration of the new flat on your name. Further you have not verified the status of the other new flat allotted by the  builder to you.  Well even now it is not late, you may issue legal notice to the builder to allot you the original flat as per the sale agreement or to register the newly allotted flat by clearing the mortgage loan pending on it  immediately.  Failing which you may instruct the builder, that you will cancel the booking and he may have to repay the entire amount in full along with the interest from the date of booking or else he will be liable for the legal action to be initiated against him through consumer forum and also through a criminal complaint with the police for the offences of cheating, breach of trust etc. 
You cannot initiate any action against the bank because they are not liable for the fraud committed by the builder. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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