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Deferment of Home Loan EMI when 95% is paid
27-Jul-2023 (In Consumer Court Law)
Hello , I took home loan from in 2010 to book a 3 bhk apartment in Gurgaon as per agreement the apartment has to be delivered by 2012 but due to fraudulent activity of builder he has not delivered it so far . We have paid 95% of the cost of apartment to builder and So far we are paying EMI on housing loan regularly. Now all our saving has wiped out and not able to meet both EMI and rental cost of our existing home. So we are unable to pay EMI any more . We requested Home loan bank for deferment of EMI till possession but they refuse to do so and threaten us to forfeit/cancel the allotment in case of default. Please guide us can we apply for any legal support ? if yes how and where to apply?
Bank would not stop anything, there is only option in your hand just file a case before the court alongside criminal case for cheating because after sue builders not giving possession. And recover money
Helpful?
Adv. Akhil Verma
Delhi | 400+ Answers
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sir,
remedies you can avail:
1.you can file consumer case against the builder in appropriate consumer court to recover your amount. To file consumer case, you have to see (a) deficiency in service , (B) unfair trade practice both these conditions full fill in your case.
2. you can file civil suit to recover in the appropriate civil court .
3. you can file criminal case also regarding the act of the builder
remedies you can avail:
1.you can file consumer case against the builder in appropriate consumer court to recover your amount. To file consumer case, you have to see (a) deficiency in service , (B) unfair trade practice both these conditions full fill in your case.
2. you can file civil suit to recover in the appropriate civil court .
3. you can file criminal case also regarding the act of the builder
Helpful?
Adv. Rahul Kumar Singh
Delhi | 25+ Answers
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File a case against the Builder before consumer Court/Commission having jurisdiction and seek compensation and refunds of amounts paid by you with interest what Builder charged or stipulated in the Agreement to charge in case of delay in payments. You also have the remedy to file a criminal case against the Builder for fraud playing d upon you. As regards deferment of EMI, the Bank shall not do the same. Regards
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Adv. Urfee Haider
Delhi | 200+ Answers
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