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Author Topic: Builder not going possesion of flat  (Read 803 times)

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Offline rashmit

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Builder not going possesion of flat
« on: October 06, 2013, 10:58:09 AM »
Hello,

I bought a falr under construction from the builder in 2008, I bought the flat thru a homeloan from ICICI bank. The builder hasnt completed the flat till now. Meanwhile in 2011, i went for a regular follow up and i got to know from one the clerks there that the builder had already sold the flat to someone else and the flat is actually now registered in the new owner's name. when i approached the builder, he promised to give me another flat in the same building by April 2012. But he is still not giving me the sales agreement for the new flat and i have been follwoing up with him every week.
2 months back, i approached the bank and the bank put some investigation officers for the same, the inverstigation officer also visited the builder with atleast 4 times in the last one month but in vain. we arent able to come to a conclusion.
i want to now stop making my EMI payments to the bank as they are not doing anything and i am promptly paying my EMI of 17320/- every month. The Loan amount was 1456100/- and i have already paid 9lakhs. And file a case against the builder.

i want your help to understand what should be next step if i want to stop paying my EMIs and file a case against the builder?

please please help.

Thanks
RT

Offline advdesai

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Re: Builder not going possesion of flat
« Reply #1 on: October 06, 2013, 10:43:23 PM »
first of all send a legal Notice to the builder for giving you possession of your flat. after the legal notice period expires, file both civil and criminal case against the builder, in the meanwhile get an order from court directing the bank to stop payment of the emi.

this is the correct way to do things
Advocate Desai Knows the Law

Offline rashmit

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Re: Builder not going possesion of flat
« Reply #2 on: October 09, 2013, 03:41:46 AM »
Thank you sir, the legal notice was sent to thebuilder in Jan 2013 asking him to respond to the notice in 15dyas, he hasnt replied the mail. ( courier). For how long should i wait before filing a case? Can i stop paying emi to the bank? please respond.

 

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