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Shuaieb Anwar Khan (Human Resource Professional)     14 February 2021

Can i surrender my underconstruction flat to the bank if i am unable to pay the emi and the builder refuses to complete the project

We had purchased a flat in Mundwa Pune in April 2018, While it was promised to us that we would get the possession in the next 3 months. The loan amount sanctioned by the bank is 22,00,000 ₹ for 15 years. 14,00,000 was disbursed initially and the remaining balance was supposed to be done after completion of work. During this, I was paying a pre-EMI of 14 k and once fully disbursement of payment the amount was to be 26k per month. Since then there has been a delay with the construction. It's Feb 2020 the property is still under construction, the balance disbursement is halted coz the work completed is not been done. And now the bank has converted the loan of 14 lakhs for 5years and won't be disbursing the remaining 8 lakhs. So now for an under-construction property, I am paying a whole EMI of 26k every month since November 2020. The builder is not responding to my calls the project doesn't come under RERA. Paying 26k every month and still not owning a house is a big burden for me. In this situation, I feel I should surrender the house. 1) But the house is under construction will the bank take the property which is under construction? 2) If I stop paying EMI will the bank take any legal action against me? 3) Can I take any legal action against the builder? 4) what's the way out here?


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 1 Replies

Real Soul.... (LEGAL)     14 February 2021

you should check with bank,  give them written  update and ask for settling the amounts


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