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Vendor Breaking banakhat and not handing over flat


21-Nov-2023 (In Property Law)
Dear Sir, I have banakhat of flat 20 lakhs. I paid 50% amount and asked other amount get paid in installations before 2 years ago. we agreed on banakhat that he will release properly to me with documentation charge. I have paid 80% of agreed amount till date. Now I came to know vendor has taken loan on property after completing banakhat with me. I ask him to remove loan and pay my 20% to release me flat. He is refusing me to do that. Techniacally he is breaking banakhat which says he needs to release property once I pay 100%. Can I go to Police station and register FIR against him as he has cheated me by taking loan after banakhat. ? Can I go to bank and made complain who has authorized loan to him without checking my banakhat ? How can I take control on his flat ? Please guide me. I am totally confused.
Answers (2)

Answer #1
695 votes
You may file a case before the appropriate consumer fora for the money or possession of the flat and also adequate compensation for the trouble caused to you. You can also simultaneously pursue the FIR filed by you and enforce criminal action against the builder.
Answer #2
606 votes
It seems that you have been cheated from builder.
You have to file a civil suit on basis of your banakhat,
In said suit you have to also asked from court that you are not liable for bank loan which is taken by builder.

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