Denial for paying pre-EMI for flat booked under Subvention scheme
2 years ago
Bought a flat in Mumbai (2019) under subvention scheme. Builder discontinued the scheme with bank (dec 2019) but gave us in writing (on his letter head and on email) that despite his agreement with bank ends in 2019, he will refund all EMI's till possession (quarterly reimbursement). With onset of pandemic and lock down in March 2020, builder now gave us an email stating 6 months of covid period will NOT be refunded.
since government has offered moratorium, and not waived off our EMI's, we requested the builder to pay us these 6 months. the builder has also taken a rera extension of 18 months. (earlier possession date on agreement is Dec 2020, updated possession date on rera website is June 2022). this is a lose-lose situation for us, as possession is delayed, as well as financial loss of 6 months.
Can we file a case in Consumer court regarding the non-payment of EMI's? or file a case in Economic Offence wing? Thanks in advance
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You may go ahead and file a case before the consumer court as it will shift the onus of payment of EMI onto the builder; because if the developer fails to deliver the project on time, the burden of both rent and EMI will have to be borne by the homebuyer.
If you found my answer helpful then kindly rate me.
If the developer fails to deliver the project on time, the burden of both rent and EMI will have to be borne by the homebuyer. To avoid this you may go ahead and file a case before the consumer court.
If you found my answer helpful then kindly rate me.
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