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Author Topic: Builder sold my property even after 85% payment and active bank loan  (Read 140 times)

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Offline Shrivastav Rohit

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Hello,

I bought a property in Greater Noida in 2010-11, I have the Tripartite agreement that is effective (bank me and builder). In 2014, the builder levied charges as late fees and interest from 2010 which were never intimated before. I discussed the same with the builder but the builder did not agree or revoke the charges. Post which I filed a case for the reversal of interest since the interest was never communicated and every demand letter had in it written that the demand is inclusive of all late fees and interest. I paid so 85% of the amount after which the second final demand had the extra interest.

From 2014 I have been fighting the case with the build in the consumer court and the appeal was currently advised by National commission to be head in State commission. The loan is active on the property.

Just recently I came to know from one of my friends who was visited his apartment and he informed me that there is a different name marked on my flat. Which earlier was my name. He had filed the same case as mine and he found a different name too on his flat, he was able to locate the person who's name was mentioned and find out that the property had been sold to this new person.

Even though the case is active, even the though has officially written to the builder as per tripartite agreement build cannot by himself cancel the property.

I would like to know more about what is the best possible course of action, there is already a active case for the interest in the state commission.

I have not received any intimation from the builder of any kind. I would appreciate someone's help specially if the lawyer (help provider) is in Delhi. The case is currently active in Delhi state commission.

Thank you.

Offline advkartik

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Re: Builder sold my property even after 85% payment and active bank loan
« Reply #1 on: August 15, 2018, 09:56:43 PM »
when there is a loan on the purchase of that property going on there is no way this property can be sold to another person without your knowledge.

this is  direct fraud case you are to lodge an FIR and initiate both criminal and civil proceedings both simultaneously.

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