Issue with home loan, no trace of bulider
deepankar
(Querist) 14 June 2015
This query is : Resolved
Dear All,
I am stuck now, Please help.
construction of building was going on the builder was available, he told that after two month I will get the possession of the flat, I took a home loan of 20 lakhs, registry was done, I was paying the EMI's now when I went there I saw that the building and builder are different, when I tried to contact the person who told me that he is the builder is not the builder of that flat, and now he is not traceable.
please suggest, how should I proceed now.
Sudhir Kumar, Advocate
(Expert) 15 June 2015
SO you invested money without checking title of the property?
So the bank gave you loan without checking title of the property?
Some facts are not easy to swallow:-
How can you have registry without being aware of the property?
When registry is already there why you need the seller to be present for whole life?
If you have seen the building then how could the building be changed overnight?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 June 2015
Since registered there might be some documents including his pan card. Trace his whereabout n 1) fils cheating case 2) complaint in consumer court. Or contact 9869400938
c.p.s. ramachary
(Expert) 15 June 2015
I agree with Mr.Sudhir Kumar. How you acted so negligently. How the bank lent you advance. Atleast during valuation of the property you and the bank could have located the property. But there cannot be any action except lodging police complaint which may also of a least help with unwarranted expenditure.
Rajendra K Goyal
(Expert) 15 June 2015
Like all other advises, extract from expert Sudhir Kumar are solid and heavy weighted.
However, on the basis of given facts, author can proceed with a case of cheating.
Kumar Doab
(Expert) 15 June 2015
Is the plot on which building was being raised same?
How come the building is different?
Dr J C Vashista
(Expert) 16 June 2015
I agree with expert advise of Mr. Sudhir Kumar.
It is unbelievable story inter alia, that, "...when I went there I saw that the building and builder were different.." Prima facie your query is hypothetical since it involved bank loan with your registered documents.
However, what did you inspect/check/find before availing bank loan and getting the document registered? You have made the transaction directly with the builder or some middleman was involved?
Contact and consult a local lawyer for proper advise and proceeding.
