Hello,

I agreed to buy a flat in NCR area from a well known builder (but cheat like most others). For that I took a home loan from ICICI bank.

Bank told me it was subvention plan where in whole loan amount (say Rs X lakhs) will be paid to builder upfront and I'll not be charged any pre-EMIs until 2 years from disbursal. However bank started to charge me EMI from very next month. I thought that it may be a normal loan against home, so I kept paying the EMI.

Now I have learnt that what I have been paying so far (40 payments) were not EMI but pre-EMIs!!! So bank kept on charging interest to me until now without reducing the principal amount. Bank has now started to charge me actual EMI. Effectively after paying 40 payments, my principal is still Rs X lakhs.

Even if it was not a subvention plan, banks usually charge pre-EMIs until buyer gets the possession and final loan disbursement is done. In my case final loan disbursement was done on day 1 and still I was charged pre-EMI.

Please can someone give their expert opinion about this? What can I do to sort out this mess?

Best regards
Read more
Reply
4 Replies
Sort by :Filter by :
  • HOW SUBVENTION WORKS

    There are three parties-the buyer, the banker and the developer. The buyer books the property by paying 5-30% money upfront. The rest is paid by the bank in the form of loan to the buyer. The bank disburses the loan to the developer as construction progresses. All this is routine. The most important aspect is that the developer bears the interest cost till possession or for a fixed period mentioned in the buyer-seller agreement.

    This seems a good scheme for those who stay on rent as they don't have to bear the burden of both loan equated monthly instalments (EMIs) and rent while their house is being built. Also, as the developer is bearing the interest cost, it has an incentive to finish work on time.
    Earlier, banks used to pay the full loan amount to developers upfront. Last year, the Reserve Bank of India, or RBI, asked banks to link payments to the progress of construction. Earlier, a buyer could book by paying 20% amount. Developers used to get the rest 80% from the bank upfront and bear the interest cost till possession. But in this system, the risk was on the buyer as the loan was on his name.
    Also, the developer got all the money straightaway and had little incentive to finish the project on time. In case of any delay/default, it was the buyer who got into trouble. To reduce these risks, the RBI directed lenders to disburse loans according to construction milestones.


    PROBLEMS YOU MAY FACE IF YOU INVEST IN SUCH SCHEMES

    >> Non-payment or late payment of EMI by the builder can spoil your credit score as the loan is in your name. You may also face project delays. On any consumer complaint forum, you can find a large number of people complaining about project delays under such schemes.

    >> A subvention scheme could be a double-edged sword if you are staying on rent. You may have to bear the burden of both rent and EMI in case the developer fails to deliver the project on time.

    >> You may end up paying much more than the price of the property in case of delay. Some subvention schemes are for only a fixed period, after which the buyer has to bear the interest cost. "Subvention schemes tempt buyers to buy something they may not otherwise buy. The risk involved is that the buyer is expected to start paying EMIs after the subvention period is over, even if he/she has not yet received the possession of the property. In such a scenario, the customer faces the risk of overpaying or, in some cases, risk pertaining to delivery of the property," says Advitiya Sharma, co-founder, housing.com.

    >> There are chances that the funds disbursed by the bank are used for financing other projects. "In today's scenario, where over 10 lakh houses are delayed, home loan companies can't work in a traditional manner where they force buyers to pay interest on time on projects which are delayed. As of now home loan companies don't have any responsibility to ensure that the project for which the loan is taken is being built or not," says Vineet K Singh, Business Head, 99acres.com.

    PRECAUTIONS

    >> Check the financial strength of the developer. Also, try to find out about its past record of delivering projects on time.

    >> Check ownership details. Before and after starting a project the developer has to get clearances from various authorities. In absence of these, the project may get delayed. You must check with the developer if he has the necessary clearances or not. "One should ask the developer about approvals, exit options and taxation policies. The buyer should also ensure that the property is not entangled in legal disputes and has the necessary clearances," says Aditya Verma of makaan.com.

    Understand the plans before booking a flat
    Click here to Enlarge


    >> "The bank's profile must also be checked by the buyer," says Anil Tayal, director & CEO, Informage Realty.

    >> One should check the promised possession date in the documents and the penalty to be paid by the developer if the project is delayed.

    >> Read the fine print. Go through all terms and conditions of the agreement before signing it.

    SHOULD YOU GO FOR IT?

    These are good schemes for people who stay on rent and want to buy their own house. "One can go for a subvention scheme if one earns Rs 6-20 lakh per annum as it provides a good opportunity to own a house without paying EMIs till the subvention period," says Tayal of Informage Realty.

    But some say that one should go for these schemes only if the builder has a credible track record. "One should avail of this scheme if the chance of the developer missing the deadline is low," says Verma of makaan.com. PERSONAL EXPERIENCE
    Sriram G
    Age: 30 years
    Works in: Shell (Business Operations), Chennai

    WITH WHICH BUILDER DID YOU BOOK THE FLAT AND WHAT WAS THE SCHEME?

    I booked a house with a leading developer in Chennai. The problem that all buyers faced was delay in completion of the project. But my case was different. I bought the flat for Rs 20 lakh. I signed the application-cum-terms & conditions form without reading the text. I also did not take a copy of the papers from the company. I paid Rs 1,65,846 by cheque. The company promised that the project will be delivered in 12 months. It prepared and shared the agreement with me after I paid my first instalment.

    WHEN DID YOU BOOK THE FLAT AND WHEN WERE YOU SUPPOSED TO GET POSESSION?

    I booked the house on 30 April 2012. They gave a verbal commitment that I'll get the house by December 2012. Plus, there was a three-month grace period, I was told. However, in the agreement, the company mentioned 36 months plus six months grace period, which was not mentioned in the application.

    WHAT PROBLEM DID YOU FACE?

    They were not ready to accept my cancellation request and refund the money. They said that I have agreed in the application-cum-terms & conditions document that withdrawal from the project will lead to deduction of at least Rs 2 lakh. I tried but wasn't able to get my money back.

    WHAT DID THE BUILDER SAY WHEN YOU APPROACHED IT?

    They asked me to ignore the 2nd and future instalment notices. They promised to take the issue to the vice president of the company for a refund. But nothing has happened as yet. I asked why has the possession detail not been mentioned in the application form and why is there a difference between the application copy and the agreement.

    WHAT STEPS DID YOU TAKE AFTER THAT?

    I have taken the issue with the police and filed a compliant but there is no result.

    WHAT WILL BE YOUR ADVICE TO PEOPLE WHO INVEST IN SUCH SCHEMES?

    Prior to signing any papers read them carefully and clear all your doubts with the builder.
    My view
    You need to go to bank and discuss the nitty gritty of the offer.



    CommentQuote
  • So this mean that my loan scheme was not subvention but construction linked? If so, why did bank pay all the money to the builder upfront? Should bank have paid money to the builder as the construction progressed? In reality, the construction has not yet started for the tower of my flat (after 7 years of project being sold by the builder).

    Regards
    CommentQuote
    1 Comments
    • vaibav1231 years ago
      You need to visit the bank and seek clarifications.
      All these issues are faced by those who go for u/c.
      Project is delayed by 7 years already.
      Take legal advice also.
  • Hi Nitkan,

    I'm facing the exactly same issue. In my case, I took the loan in a special scheme called as "Byaj Mukt Aavas Yojna". I was told that the total loan amount will simply be converted into 100 equal EMIs and I just have to pay the same without having to worry about fluctuating interest rates etc.

    I've paid 30 EMIs already and now I found that till now I was paying Pre-EMIs. The bank never even informed me about it as they were getting exta money from me this way.

    I am writing to know if you got a resolution of the issue faced by you. If so, please let me know as I am in a deep mess :(
    CommentQuote
  • @rockysingh2018 No my friend, I did not get any resolution from bank. I do not live in India anymore so had no appetite for going through legal route. Moreover my builder unitech has gone bust so this deal is complete loss for me .. :(


    CommentQuote