• Regarding property

I Have two 2BHK in Tonk Road from Aastha Coral Residency.  

I purchased this property 2 years back. Construction of this property is not going on time,
it is already more then 1 year of delay. we asked with multiple brokers and even from person
who helped us to buy this property, they told from last 1 year that it will finish very soon.

Is there any option to disburse this loan amount, which I took from HDFC Bank, because I am going
on full Loss on this property as I am paying only Interest amount and construction is also not 
yet ready.

Please suggest me option, how to proceed in this situation.  

I don't want to continue this Loan and don't want to pay Loan amount also, thank you.
Asked 3 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) disbursal of loan by HDFC would depend upon construction schedule 

2) bank will disburse loan depending upon milestones achieved by the builder 

3) find a buyer and sell the flat 

4) loan can be transferred in favour of purchaser 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. If the sale agreement had mentioned a specific time within which the flats were assured to be completed then you have the legal right to seek compensation from the seller for not completing the project on time,

2. File a complaint case before your local District Consumer Dispute Redressal  Forum alleging deficiency in service and unfair business practice claiming direction upon the seller to  complete the project within 30 days and pay rent for similar accommodation from the day it was scheduled to be completed till the date of its completion with interest, damage and cost,

3. Thie above order if passed by the Forum will mitigate your loss greatly.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Issue a lawyer's notice to the builder asking him to deliver the possession immediately or refund the sale consideration paid by you including the EMIs paid by you this far. If he does not heed the notice from your lawyer then you can sue him in the consumer forum to seek the delivery of possession with compensation for delay. ALternatively, you may seek the refund of amount paid by you with interest.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
For the delay in completion of the construction you have to approach the builder only.

You may even demand penal interest towards the delay in completion o the construction.

You cannot avoid repayment of loan for the reasons that the builder has not completed the construction.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
1)if you are unable to sell the flat move consumer forum against builder and obtain orders to direct builder to complete construction within stipulated period of say 6 months 

2) claim interest for delay in delivery of possession and compensation for mental torture undergone by you 

3) in the alternative claim refund of money paid by you with interest 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Making an advertisement is not the right move. Issue a lawyer's notice to him to deliver the possession as your grievance is that you have not been given the possession.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
There is no necessity for a police or court case.
You should not pay heed to any pressure from anyone who would threaten you to remove the advertisement.
It is your property that you are going to sell hence nobody has a right to dictate your terms on this.
The place of residence is not a problem, the interested buyer would contact you through the details furnished by you wherever you may be residing. 
If you are threatened by some antisocial or land mafia people then you may plan to prefer criminal complaint agaisnt them accordingly. 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
1) it is better you contact lawyer in jaipur only 

2) engaging lawyer in bangalore to file complaint in jaipur would be an expensive proposition 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You do not need to go to Jaipur to engage a lawyer and issue the notice as you can do it from the comfort of your house. You will have to appear in the court only at.the stage of evidence whereas on all other hearings the presence of your lawyer shall suffice in the court.

2. If you engage a lawyer from Bangalore to appear in Jaipur court your legal expenses will multiply as he will charge you his travel and lodging expenses too for every hearing, so engage a local lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) you need not travel to jaipur frequently

2) lawyer would issue legal notice on behalf

3) send draft complaint for your approval and then you need to go to jaipur at time of filing of complaint 

4) send xerox or scanned copies only 

Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
It is your call to send the documents by post or email to your lawyer
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
I am working in Bangalore, i can't travel frequently to Jaipur for this work. 
can I Hire Advocate from Bangalore or I need to hire advocate from Jaipur only.
Please suggest me which is the best option in this case.

You can hire an advocate in Bangalore itself, it is not mandatory that you have to engage an advocate in Jaipur only
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
do you think this can be done remotely only or I need to travel frequently to Jaipur for this work. I can share property document scan copy over email.

It depends.  Your presence may be required before court at least on some important occasions., so you may be watchful about this 





Advocate only will take care for everything or I also need to do something on this. please suggest.
and is it safe to share property documents copy over the email.

Sharing the copies of the property documents over email is essential unless how will your advocate will take care of the case. 


T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
1. Is there any office or representative of Astha Coral Agency at Bangalore?

2. If yes, then you can file the consumer case at Bangalore,

3. If not then you shall have to file the case where the cause of action arose or where the property is situated,

4. Trying to sell the unfinished flat may not yield desirable result,

5. Under the given circumstances, filing of consumer case appears to be the best option for you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Is there any office or representative of Astha Coral Agency at Bangalore?

2. If yes, then you can file the consumer case at Bangalore,

3. If not then you shall have to file the case where the cause of action arose or where the property is situated,

4. Where you shall file your application depends on the answers to the above queries,

5.Where ever you file your Application, your Advocate should be from that place,

6.The application will be disposed of within around 1 to 2 years.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. If you can select a very reliable Advocate at Jaipur then you need not travel every time your matter will be heard. You can travel only once before the case is handed over to your lawyer to Jaipur.

2. The above advice is applicable only if you can engage a very reliable lawyer to pursue your case before the Consumer forum.

3. It is a regular practice to email scanned copies of property documents to the Advocates for filing suits/applications. 

Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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