Hi,
I purchased a flat in NOIDA in a Construction Linked Plan and also took a loan of around 25 lacs on the same. As and when the builder raised demand, I used to forward the same to the bank which would disburse it directly to the Builder. As far as I know, the Bank is required to inspect the property and check whether the construction has reached that stage of demand and then only disburse the payment. I have already paid 90% of the cost and also paying EMI to the bank of around 20000 p.m.
Now, the project has delayed and the Builder has given 2019 as tentative date of possession (around 4 years delay). Can we make bank liable for not conducting the inspection properly and disbursing the money without verifying the stage of construction? I'm planning to file the case before consumer forum against both builder and the bank. Against bank, I want that my EMI must be stopped till the construction reaches a stage for which I have already made payment. Is it possible? Kindly give me some legal backing on this? If there are some judgment, please let me know
Regards