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What to do if construction work is not completed as promised?


20-Dec-2023 (In Consumer Court Law)
We around 40 home buyers, who have gone into agreement with a Builder couple of years back.We have home loans from reputed banks like SBI, Corp bank and Andhra Bank. And the banks have disbursed from 50 to 90% of the flat cost, without proper verification. Some buyers have already registered also. But the builder was into some legal issues related to other projects, and went absconding in September last year. FIR lodged by all the buyers at a police station near the builder's corporate office. In last Dec, the builder introduced us with one of their investors, who was supposed to complete the project and hand over to us. It's already an year over but there is not much progress with respect to construction. Though the builder and the investor has entered into a partnership agreement, the buyers have not got any document. The banks were reluctant to disburse the rest amount. But any how the new builder(investor) has convinced them with NOC from buyers to accept him. Please suggest!
Answers (3)

Answer #1
507 votes
How the new investor has convinced the lending Banks is something you should be knowing before the release of next installments. I would suggest that the new investor first provide each of you a copy of the agreement he had with the earlier builder, and you all get it verified by a lawyer. Next, if found necessary you have a addendum agreement with the new investor, and instruct the Banks not to release funds to him without your specific instructions.
Answer #2
947 votes
If the builder has not completed the building as per the agreement and its agreed terms, you can file a consumer complaint against his for deficiency of services and accordingly claim suitable damages from him for the loss caused to you so far by his inaction.
Answer #3
611 votes
pls Incorporate the new investor introduced by your old builder in all your agreements and Deeds and inform the same to your mortgagee banks and further scrutnize all the partnership deed and resolution of admission of the new investor/partner in the builder's firm .Pls give NOC subject to completion of the project by mentioning both old builder and new builder's names in the NOC.

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