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Who should bear the cost of loan re-sanction due to delays in papers by builder

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Who should bear the cost of loan re-sanction due to delays in papers by builder

Last updated: February 9 2019
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  • Who should bear the cost of loan re-sanction due to delays in papers by builder

    I purchased a under construction property in Oct. 2018 from a reputed builder and had it registered in the first week of December. As per my discussions with the builder I was supposed to avail loan for the next phase of disbursement in the 2nd week of Jan, for which I had received a sanction in November. By late Dec. I had got paid around Rs 25k for franking and other loan related charges and luckily I was able to negotiate a favorable interest rate on my loan. A few days before the disbursement I was informed by the bank that the builder has not submitted the ROC and they cant proceed ahead. Following which I promptly informed the builders team about the issue and they agreed that the issue is from there end which they will resolve in a few days and also waive off the interest that the builder would have otherwise charged for delay in payment of the disbursement. The builder also assured me that this is normal so I should not worry. However, after around a month of my initial raising of the issue, the issue was not solved and was informed by the builders team that the issue from there end will take another 20 working days which means somewhere in March. The problem is my loan sanction ends in Feb and my banker has informed me that I will have to re do the entire loan sanction process if disbursement is not done in Feb. This means I will end up paying again 1) Processing fees 2) Loan documentation charges such as franking etc 3) Higher interest since the bank will not offer me the discounted interest once again (Please note here I am talking about the difference in spread over the reference rate, which means I am losing out significant amount in EMI all things considered). I have already notified the builder through email and asked them to either complete documentation before my end of the sanction or pay for all the above mentioned three costs since the delay is entirely from his end.

    Am I justified in my demand and what recourse can I take to ensure that I dont end up paying a significant amount in re sanctioning the loan again and higher interest rates for no fault of mine which the builder has also accepted? Should send a legal notice to the builder?
  • #2

    #2

    Re : Who should bear the cost of loan re-sanction due to delays in papers by builder

    Can u the name the Builder & the Project ?
    Please read IREF rules | FAQ's

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    • swapn202
      swapn202 commented
      Editing a comment
      Apologies. At this point of time I will prefer to withhold the names since I am contemplating legal action against the builder in case I have to pay up the additional costs without any reimbursements or any other amicable settlement.
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