Milind 17 June 2020

Builder sold us already mortgaged flat by himself.

Hi Sir,

I am from Bengaluru. I had purchased my flat by taking home loan from SBI in 2018.

Recently our society received a letter from a finance organization stating that they are taking possession of the property because the builder had mortgaged the property to them and defaulted on repayment. That’s when I realized that the builder had sold us a flat which he has mortgaged with some finance firm.

We contacted the builder and he said that he has made payment to the finance firm against our flat and that the financer ia just harassing and wants the tenants to put prwsssure on the builder because some partial payment by the builder is still due.

I am really concerned because we have registered our property and my name is clearly mention in the sale deed and other documents as owner clearly. Just shocked to see the finance firm claim charge on our flat like this in thier letter.

Please guide me what can I do in this situation.

Thank you.

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5 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 17 June 2020

Hello,

You have to take legal action against builder. You can send legal notice and later on file consumer complaint against builder. You can compensation from the builder.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 17 June 2020

Sir,

Its a clear case of cheating, also breach of civil contract.

Thanks & Regards

Kapil Chandna Advocate

9899011450

P. Venu (Advocate) 17 June 2020

Such cases are quite common nowadays. You should immediately file FIR against the builder.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 18 June 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person/s may come down for settlement.

Keep Smiling .... Hemant Agarwal
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