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Advance payment of Home In Unfinished Projects Partial Thru Bank Loan


07-Aug-2023 (In Property Law)
I made advance payments for a home in a under construction project under " construction linked plan" and made approximately 100%. Builder took this land from govt authority on lease under installment. Some time back builder stopped the construction work, also not paying installment to authority. Anyhow authority is Govt body and will recover the money. I also talked to bank, they said loan's responsibility to pay is mine, they have given the loan to me basis agreement with builder. Authority also trying to get pending dues from Builder. Banks also section some loan and trying to auction builders office. My question is what's the best legal option to go in such scenario and against whom, builder is one, who else can be party( authority, brand ambassador, bank). I'm paying EMI for a home which is not fully completed and not in my possession. I paid service tax to govt when install were released by bank to builder. I booked this home after seeing advertisement by famous personality.
Answers (3)

Answer #1
630 votes
After going through your query. The best option available with you is to initiate action against builder.
We have initiated such action in many matters.
Initiating cases against famous personality will not help you as at the end of the day you want your money back with interest.
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Answer #2
783 votes
You can file case in consumer court after serving a legal notice through lawyer upon builder whom you paid and who was to construct flats. You may implead bank etc but main party would be the builder .

Answer #3
684 votes
Here, the primary party should be the person offering the project to you, which is the builder/seller. He must deliver the project on time. After looking at the agreement with you, in case the government has certain obligations to you, then the government can also be made a party, but that will depend on the builder buyer agreement. The famous personality can also be sent a legal notice for false advertisement and inducement. These are the answers to your general queries but a comprehensive answer can be given only after ascertaining the true facts in detail.

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