Delay payment from my customer not paying balance 25/%
07-Apr-2025 (In Property Law)
I am a builder, my customer is not releasing payment from Bank balance of 25% loan amount even after getting NOC
Legal Analysis & Solution as per Indian Laws:
1. Legal Nature of Builder-Customer-Bank Transaction:
In most builder-buyer agreements, the bank disburses the loan amount in stages, based on construction milestones and documentation.
Once the NOC (usually from builder to bank, or from previous lender) is submitted, it is a key condition for releasing the final payment.
2. If the Customer is Deliberately Holding the Payment:
This amounts to a breach of agreement if:
The buyer has taken loan sanction.
NOC and other required documents have been furnished.
Payment is delayed without any valid reason.
3. Legal Remedies:
A. Issue a Legal Notice to the Buyer:
You can issue a legal notice demanding the release of payment within a stipulated time (usually 7–15 days), failing which legal action will be initiated.
B. Approach RERA (Real Estate Regulatory Authority):
If the project is registered under RERA, you can file a complaint under Section 31 of the RERA Act for delay or breach of agreement terms.
C. Civil Suit for Recovery:
You may file a civil recovery suit in a civil court or under the Commercial Courts Act if the value is significant, seeking:
Payment of pending amount
Interest and damages for delay
D. Bank Involvement:
You may write to the bank’s legal/loan disbursal department directly stating that the customer is not complying with the builder-buyer agreement, even after issuance of NOC.
4. Important Documents to Keep Ready:
Builder-buyer agreement
Sanctioned loan letter
Stage-wise payment schedule
NOC copy
Correspondence/emails with the customer and bank
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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