I am looking for advice regarding a serious issue that I am facing.

I had purchased a ready to move in flat in December 2015 directly from a builder for which I had paid complete amount (70% financed from HDFC Bank) in Faridabad. I am following up for registration of the flat and the builder is delaying it, giving me next month's timeline every time. Later, I came to know that the builder pledged some units as a security from some other bank as a part of commercial loan. My unit is also a part of those. When I spoke to builder office, they first denied, but later accepted that they are waiting for NOC from the bank from which they had taken the loan from and once they get the NOC, they will do the registration of my flat in my name.

I am surprised that first of all, how the builder can cheat me like this? Also, HDFC, from which I took home loan, should have checked whether the title was clear or not? Then how this thing was not captured in their investigation?

Can I go through some legal route and if yes, then how?
Please suggest.
Thanks
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  • Originally Posted by Rohit1983ar
    I am looking for advice regarding a serious issue that I am facing.

    I had purchased a ready to move in flat in December 2015 directly from a builder for which I had paid complete amount (70% financed from HDFC Bank) in Faridabad. I am following up for registration of the flat and the builder is delaying it, giving me next month's timeline every time. Later, I came to know that the builder pledged some units as a security from some other bank as a part of commercial loan. My unit is also a part of those. When I spoke to builder office, they first denied, but later accepted that they are waiting for NOC from the bank from which they had taken the loan from and once they get the NOC, they will do the registration of my flat in my name.

    I am surprised that first of all, how the builder can cheat me like this? Also, HDFC, from which I took home loan, should have checked whether the title was clear or not? Then how this thing was not captured in their investigation?

    Can I go through some legal route and if yes, then how?
    Please suggest.
    Thanks


    If you want refund and the builder is having its registered office in Delhi, I would suggest to file winding up of the builder in Delhi High Court. This is the most result oriented process as u start getting refund from the builder from the first date itself and in contrast to the refunds directed by consumer court, which take years to yield actual refund due to endless litigation, this process gives quite instant results.
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  • I am facing the same situation. Did you get any refund back or the possession of the flat ?
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