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Author Topic: Is bank EMI to be continued while the builder is found to be at default and the  (Read 1117 times)

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Offline roydeep21

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I booked a residential property in Jan.2013 with about 50% finance. from a govt. recognised bank.The date of posession was Dec 2013. Full amount of the property has already been paid but the company not only has failed to handover the property but also the work has been stopped for last one year.  Now, I am planning to knock the door of court.
Am I supposed to continue to pay the Bank EMI which I have been paying for last year? Or can I stop it till the case is settled? Please help with your suggestions.

Offline advabdul

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No how can you stop paying EMI the did not aggrieve you.
It is the builder you are supposed to file against the Builder in court.

First send a legal notice than proceed
Advocate Abdul
I am Muslim law Advisor

Offline kphk

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You should continue paying the emi orelse even if then flat is complete u won't get it. Meanwhile you can sue the builder for non performance of his part of contract in not delivering the possession of the flat within the stipulated time period. In addition you can also claim all the damages that you have suffered for not getting the delivery of the house within the expected time. This includues even the rent or lease you are currently paying.



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