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Neil Coutinho (Project Manager)     28 April 2023

Sbi refusing to grant home loan to buyer due to completion certificate

Hello

I purchased an apartment in a Kolte Patil builders project in Undri, Pune in 2014. At that time area was under gram panchayat. I availed an SBI home loan. I provided Commencement Certificate, Blueprint, NA orders, and Architect Completion Certificate and SBI granted me the home loan.

In March 2023 I closed the same loan and retrieved all the documents including NOC from SBI as I wished to sell the flat and move abroad. However when my buyer went to avail an SBI home loan on the same flat, SBI empanelled lawyer said they cannot issue a loan as project lacks a completion certificate.

Undri came under PMC (Pune Municipal Corporation in 2018) As per my knowledge CC can only be granted by competent authority (i.e. PMC) but since this project was completed in 2011-12 at that time area was under gram panchayat. 

 I have paid property taxes and have receipts of both Grampanchayat and PMC from all previous years. 

What documents to provide to SBI empanelled lawyer in this case? Is my flat illegal to sell?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     28 April 2023

Every bank has its own rules.

If the same SBI has granted you loan earlier, nothing prevents them from over ruling their lawyer's objections in this regard.

If you are not able to produce the completion certificate at this stage you can ask the buyer to either approach any other bank or you can change the buyer.

P. Venu (Advocate)     28 April 2023

Empannelled lawyer's opinion is not the last word. The Bank authority can take an informed decision after considering all the relevant aspect. You also have the option of approaching the Banking Ombudsman.


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