I am an NRE. I have purchased a flat at Kochi for Rs.25 lacs on November 2007 and the builder has arranged a loan facility from a schedule bank of Rs. 20 Lacs. The construction was started on the same year and they have released the first installment of 30% on that month. Further the second installment of 10% has been released on June 2008 with my Email approval. After that the builder has released the loan amount upto 95% without my approval and has no correspondence with me. As per the terms and conditions of loan, the bank cannot disburse the amount more than 90% because it says the last installment should be 10% at the time of handing over of the flat.
The agreement to complete the building with the Construction Company was 24 months from the date of contract. That means it should finish by the end of December 2009. As of now the building structure has completed and some electrical work was finished. At present the Company is not doing any work.
I paid the Loan EMI regularly and also I paid lump sum amount to bank approximately 20 Lacs to reduce the borrowing cost. Now outstanding amount may be approx. 6.50 lacs only.
I want to know:
1. Can I file a suit against bank to banking ombudsman for the disbursal of loan for the violation of the terms and conditions explained above and
2. Can I file a suit against the builder for the default of terms and condition and the compensation for the opportunity cost.