Hdfc bank gave home loan on false documents

583 votes

Under Indian laws, particularly the regulations governing housing loans and real estate, there are several issues in your statement that may need legal attention. First, if the project has fraudulent Commencement and Occupancy Certificates, it raises serious concerns about the validity and legality of the construction. The Commencement Certificate (CC) is issued by the local municipal authorities and allows the builder to begin construction legally. The Occupancy Certificate (OC), on the other hand, certifies that the building is fit for occupancy. If these certificates are fraudulent, it would suggest that the project may not have adhered to legal norms or may be illegal in some respects. This could make the approval of housing loans for such a project questionable. In your case, it seems that the loan was sanctioned despite these issues, which might indicate negligence on the part of the bank employees involved in approving the loan. The involvement of HDFC employees, as mentioned, who approved the loan prior to the registration of the property and contradictory claims by the bank regarding the approval date, could potentially constitute a breach of the bank’s internal procedures and policies. This might also be a violation of the guidelines set by the Reserve Bank of India (RBI) and other relevant regulatory authorities governing housing finance. Furthermore, the fact that the Commencement Certificate does not mention Wing E, where your property is located, adds another layer of concern. If Wing E is not included in the official documents, it could mean that the construction of that wing is unauthorized or illegal, which would directly affect the legal standing of the property you have purchased. To address these concerns, you may want to consider seeking legal advice to explore possible actions, including challenging the validity of the loan, holding the bank accountable for its due diligence failure, and investigating the legitimacy of the project. You can also approach regulatory bodies like the Real Estate Regulatory Authority (RERA) or the Consumer Court if you believe that there has been a violation of your rights as a consumer.

Advocate Rohan Venkatesh Yemul LawRato