Fraud by builder
ketan_shriv
(Querist) 18 January 2016
This query is : Resolved
I had purchased a house in Bhopal from Rai pick city bhopal. After purchasing house there are various seepage in my house and tiles are of different colours totally defective construction given by the builder.I was telling him about seepage before possession but he even don't talk to me rightly he told that he cant do anything i have to request to his workers project managers because they will repair it he will not guide his employees.i am totally harashed what can i do i don't want only consumer case if i can file criminal case against him i want to file criminal case for mental harashment also because i was requesting him for one year i have photographs of house full of seepage before possesion.Please guide me what can i do as a consumer and also how can i file criminal cas
rajagopal.s
(Expert) 18 January 2016
HI
You can file a cheating case and breach of trust against him . If the water seepage is on roof top area or on foundation, then you can add life threatening also .
Once you file this , after registration of FIR and filing of charge sheet, you can file a civil suit for damages..
ketan_shriv
(Querist) 19 January 2016
Thanks for the reply sir
ketan_shriv
(Querist) 19 January 2016
I request to SBI for Loan of 20-22 Lakh in reference of Builders agent to SBI Bilkis ganj Branch on the month of JULY 2014.On the date of 13.9.2014 I got a call from SBI Branch Manager for signing of documents and Submit processing fees and valuation amount for disbursement of loan. The Bank Manager told m that I am Eligible for only 18 lakh loan But I was eligible for 20 lakh loan what he have do with 211000.I am Describing it and a big fraud by Branch Manager
Account no:
Home Lon Account no:
Name:
1. Sale SBI Life by Fraud and also Provide Loan for purchasing SBI Life without information : He just gave an Agreement to sign where I am eligible for 2011000.But he asked me that I have to take the SBI Life Policy which is mandatory. If I will not purchase Policy Bank will not provide me Loan. But in Agreement it is provided that Policy is provided when requested when I told him then he told me that it is old agreement and in new agreement it will be mandatory .Loan cut off was provided 18 lakh is for loan and 211000 is for policy. But here he did not told me that actually he was giving me loan of 211000 for policy .If he acknowledged me I did not take loan from Bank. And not even me even any person will not take loan from bank where he have to take loan of 211000 from bank for purchasing policy.SO he hide all those facts which comes in my knowledge after 15 months when I receiving Message from Bank for not paying installment of Home loan when I asked about message from Branch Manager he told me that Ignore this message your all emis are success and no cheque for home loan has bounced. And after 15 days he told me that the emi which is not paid is of my second loan account which is loan of 211000 for SBI Life. Then i shocked that I have another loan of 211000 other than my home loan. I was requesting him for statements for one year but he always told me that he is out of station and did not get statement from one year. I request to racpc branch they told me they are not dealing in Public services I have to take it from Branch Manager. When I told to SBI Tolll free they told the same thing they can’t give Statement. Then I have to go for conversation with branch manager now he gave me statement and told me that I can stop the policy as he paid the first premium of 41000 to sbi life insurance .I have to pay the amount of 41000.I am not getting for what should I have to pay 41000.He did not told me about the policy without my knowledge he transfer 41 k to the sbi life policy and now taking money of 41 k from me.The actual problem is that he get signed one agreement from me where policy is written if requested but I did not given any request to him for sbi life policy what can be done in this case please guide me.
My concern: (1) bank Manager did not give me time to study agreement and just asked to Sign within 10 minutes.
(2)He has to give me time to Study Agreement and Clear my doubts
(3)Even when I raise doubt on 2 main Points he misguide me
(a)When I asked him it is written that Policy is provided when requested when I told him then he told me that it is old agreement and in new agreement it will be mandatory.
(b) And when I asked about emi of 20665 that I cannot provided he told me that I have to pay only 18-19 including policy which is fix about 19 k and
I am paying this amount from one year by means of ECS if he deducted 20665 from first month his fraud can be noticed so he is deducting 19k from one year why not he started 20665 deductions from one month.
Reply from my side
(4)If he have to sell SBI Life firstly he have to explain me about the policy then tell about the costing which is 211000 and he have to told me that he is providing me loan of 211000 for SBI Life. If he explained me about SBI Life then show me the receiving where he explain me about the SBI Life and I told that I will purchase.
(5)As in agreement it is given in front of sbi life (if requested) then shows me the application where I request for SBI Life which costs 211000.
Rajendra K Goyal
(Expert) 19 January 2016
1. Always read the document before signing. Manager can not force you to sign without reading.
2. You should have cleared your doubts before signing.
3. a) You should have asked for new agreement and should have refused to sign old agreement.
b) You could have calculated the EMI based on applicable rate of Interest.
4. If he has sold the policy by force / fraud, write to higher authorities.
5. Ask for copy of documents you have submitted to bank.
Bank being a commercial organisation, earn on selling life policy, it is you who is to refuse if you do not want.
ketan_shriv
(Querist) 19 January 2016
Sir I asked him before signing that here if requested written he told me that it is mandatory new agreement will come soon, I just want to ask here that at the time of signing I only signed a agreement where it is written if request.So is there any written application not required where I request for sbi life policy.I concern with one of lawyer he told me that when bank person start giving documents to us for sign they start continuation and we sign where they say so he definitey took my sign on form of sbi life.So if he did not take my sign on form or request in written can we claim or our sign agreement is sufficient for him to relax him
ketan_shriv
(Querist) 19 January 2016
Dear goyal sir,
if he accept in phone conversation that he told me mandatory and he had mistake and any how we can take that recording then can it be possible
Rajendra K Goyal
(Expert) 19 January 2016
SBI Life is separate entity than State Bank of India and without signature on proposal form, policy would not be issued.
Since you have signed hence agreed and it would be difficult to prove the mandatory clause acceptance. Bank put pressure on staff to sell SBIlife policy, may not get relief.
Probably the policy has been issued for full time of the loan tenure, proceed to get this cancelled for remaining time and get refund.
ketan_shriv
(Querist) 19 January 2016
Thanks for the reply RAJENDRA K GOPAL SIR sir my loan tenure is 17 years and according to branch manager there will be 5 premiums of 41 k and as I asked him to stop policy. He get ready and told that he HAD GIVEN FIRST PREMIUM TO SBI LIFE AND WILL STOP THE OTHER PREMIUMS policy will automatic stop. But I have to pay 41 k as he had paid to sbi life.But want to ask one thing now I sent only message to him telling stop the policy and he send ok message this will be valid?or not? even also I will give in written also to him,If I have not any option to pay 41 k. Please guide me that is their any legal clause by which I should not have to pay 41k as I said he accept on phone conversation that he gave us policy by saying it mandatory and he had made mistake.Please sir guide me and many many thanks for your valuable suggestions.
Rajendra K Goyal
(Expert) 19 January 2016
You should give in writing with having acknowledgement from Bank.
Premium paid to SBI life may not be refunded, you would have cover for the period you have paid the premium. Obtain details / copy of policy / cover.
By the way my name is Rajendra K Goyal and not RAJENDRA K GOPAL as mentioned by you.
ketan_shriv
(Querist) 20 January 2016
Sorry for writing wrong name Rajendra k Goyal sir sir. Thanks for your valuable suggestions. Sir one question also need to ask that branch manager is telling me that I will not get any cover and policy will lapse if I will not pay other premiums. And he had paid 41k first premium of policy my loan tenure is 17 years so sir definitely for first premium there should be cover of some years ?please suggest
Rajendra K Goyal
(Expert) 20 January 2016
How can one get cover under policy without paying premium?
You would not get cover after premium paid i.e. 41000/- would lapse.
Write for clarification to SBI life.
ketan_shriv
(Querist) 18 April 2016
Dear rajgopal sir as in case of builder I want to ask something that I investigate the construction by other agency and they told my roof is "poli",the word use in real industry and the problem of seepage is rising dampness which is basicall the problem from foundation level I want to know here due to algies and moisture in my house from one year I am now suffering from breathing problem and due to mental harashment from one year I suffered from high bp and high diabities in 27 yers age ,now I want to take serious criminal against builder and want to compensate my diseases occurs due to him,please suggest me in this reagrd
