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RAVI SHANKAR (EMPLOYEE PRIVATE FIRM)     09 September 2009

DELAY IN GIVING POSSESSION OF FLAT

Hello Sirs !.

 

This is Ravi from bangalore., have few queris related to a flat which have purchased in Dec 2005 , But the builder has not given possession of flat.till today 9 September 09.

 

Had purchased a builder's share flat in 2005 december and the same was registered in January 06., and the builder was to have deliver the flat by FEB 2006 as mentioned in sale deed.

Have paid the builder a totlal of Rs25.5 lacks (Rs4.35 lacs as my contribution and obtained a bank loan for Rs21,5 lacs) . The bank has released this amout directly to the builder by mortgaing my flat original documents and Have been paying EMI from Feb 06 till July 09. and have defaulted EMI payment past two months.

 

The present condition is that, another party is claiming the title of the land and the case is in hearing stage at revenue authorities.and a stay order is in place.

 

Since 2006 am behind the builder who has a JV with the land lord and he keeps telling me that the case is strong it will be resolved ,., resolved ., with oral assurances only,

 

Seek your valuable advise on the following :

  1. What should i do to get my money refunded or other actions i can initiate to get my money back / flat ?

  2. How can i request for a EMI holiday till the possession of the flat ?

  3. The bank had scrutinised the titles etc ., ( had paid processing fee to the bank ) then only the bank had released the money directly to the builder with a tripatriate agreement ., how can the bank help me ?.

     

Thanking you all in advance

 

Best Regards

Ravi.

 

 



Learning

 2 Replies

Adv. Deepak (Advocate)     09 September 2009

Have you brought all these facts to the notice of the bank?  You can approach to the consumer court against the builder and owner for not handing over the possession in due course of time and claim monetary damages as against you.  Even though there is a tri-partite agreement, bank will recover the money from you and you have agreed to make payment.  They will be able to attach your salary also.  What type of stay has been given by revenue authorities.  You can file civil suit as against the builder for possession and damages.  Civil court decision will be binding on revenue authorities.  Bank will not wait for recovery of your money till you get the possession of the flat.  They will be having your cheques.  They will file case agaist you under 138 NI Act. ddkharpudikar@indiatimes.com

RAVI SHANKAR (EMPLOYEE PRIVATE FIRM)     10 September 2009

Dear Mr.Deepak.,

Thank you for the advice., have already intimated bank., and they have suggested to file a case against builder wtih a copy to them. and am proceeding accordingly.,

However  my doublt is will our judiciary uphold a photocoy  of the tashildar's certificate CHAGUVALI CHIT  ( not original  ) issued by revenue commissiner  as genuine in case of a SC/ST Grant land ?

Your thoughts on this please,

Best Regards,

Ravi.S


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