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([deleted],[deleted]), 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 8 years ago in Property Law
Religion: Hindu
