Hdfc home loan
9 months ago
I had bought a property in Delhi in the year of 2013 and the loan was sanctioned by HDFC. However the builder started harassing and said he will not register the property unless I pay extra to him, hence I stopped the payment and informed bank .The bank representative informed me that , I need to drop an email to builder and surrender the property and they will take care of the rest of the process and will ensure complete amount is paid by builder through sale of the property. However the property was sold by the builder had bank to another buyer and now bank is chasing me for pending EMI(which I had stopped paying when builder disagreed on our sale deed agreement ) .A cibil suit has been filed as well , please advice how to go about it ?
I have tried hiring lawyer in Delhi , but both times I got cheated by lawyer and nothing really progressed .
Builder has changed their construction name and handed the company to his brother as he has done similar activities with others and multiple cases were filed.
I want to get the suit removed from Cibil.
On the verbal suggestion and vague assurance of the Bank representative, you surrender the property and stop the payment of EMI, and your loan was marked NPA for default in payment of EMI and reported to CIBIL who in turn initiated a suit. So, you are liable to repay your EMI till the disposal of the property by the Builder to another party through a registered deed of sale. Therefore, in the prevailing situation, you got no other alternative other than negotiations with the CIBIL Authority on repayment of your dues on suitable and easy terms to drop the suit initiated against you. Get in touch with an Advocate for guidance and liaisoning with the CIBIL authorities for disposal of the suit.
Consult a Reputable Lawyer: It's crucial to find a reputable and experienced lawyer to represent you in this matter. Look for recommendations from trusted sources or consider contacting your local bar association for referrals.
Gather All Relevant Documents: Compile all the relevant documents related to the property purchase, loan agreement, communication with the builder, and any other evidence that can support your case.
Review the Loan Agreement: Go through the loan agreement with HDFC and understand the terms and conditions, especially regarding default scenarios and property surrender process.
Negotiation with HDFC: Engage in direct communication with HDFC to discuss the situation and seek a resolution. Explain the builder's harassment and the reasons behind stopping the payment. Request their assistance in resolving the issue.
Mediation or Arbitration: If the matter cannot be resolved through direct negotiation, consider exploring mediation or arbitration as alternative dispute resolution methods.
File a Complaint: If you believe that you were misled or cheated by the builder, you may consider filing a complaint with the appropriate consumer protection or real estate regulatory authorities.
CIBIL Report: If the suit has affected your CIBIL report negatively, work with your lawyer to explore the possibility of getting it removed if it was filed unjustifiably.
Stay Updated: Keep yourself updated on the status of the case and any legal proceedings. Regularly communicate with your lawyer to understand the progress being made.
Document Everything: Ensure that all communications with the bank, builder, and any relevant parties are documented in writing. This can serve as crucial evidence if needed.