Builder Floor Booked by MCD
3 months ago
I bought a builder floor (Flat), directly from a builder in Mahavir Enclave, New Delhi in Dec 2021.
A home loan was taken from Canfin Finance. During the flat purchase, the builder told us that all the necessary approvals were with him. Now suddenly we find that this property is booked by MCD, we don’t have any idea what the reason is as no one has received or accepted the notice yet. However, on the MCD site, the building number is reflected, and Details are mentioned as “U.C. in the shape of Stilt, GF, FF, SF, 3rd floor, 4th floor (old & residential occupied)”.
I need some clarity.
• There are 20 Flats, some of the owners are silent, and not interested in taking any action.
• How to remove the booking.
• Can we put the Builder and Bank responsible for this, if they used any false document i.e. Map not approved or other?
• Can we stop paying bank EMI, if we find that the bank used false documents in connection with the builder to get the loan? I need to mention here that all property document were directly provided to Bank by builder.
If you find evidence suggesting both the Builder and the Bank engaging in unfair trade practices, as a buyer, you have the option to file a complaint against them. This complaint can be lodged with the District Consumer Commission or State Consumer Commission under Section 35 of the Consumer Protection Act, 2019. The claim may include seeking a refund of the booking money upon cancellation, compensation for harassment, and litigation costs. The complaint must be submitted within two years from the date of the cause of action. Additionally, you have the recourse to file a criminal suit against them for fraud and cheating under Section 415 of the Indian Penal Code, to be pursued in the Court of CJM/ACJM. Seeking guidance from a legal professional is advisable for proper steps and procedures in this matter.
If if appears to you from available documents/evidence that both the Builder and the Bank are involved in the unfair trade practice, as a Buyer you can file a complaint against them before the Dist. Consumer Commission or State Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 claiming refund of booking money on cancellation of booking along with compensation for harassment and cost of ltigation. The complaint should be filed within two years from the date of the cause of action. Apart from this, you can file a criminal suit against them under Section 415 of IPC for the commission of fraud and cheating in the Court of CJM/ACJM. Reach out to an Advocate for guidance and steps.
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