Builder fooled me with flase flat size
2 months ago
I have purchased flat of 1250 sft (Including common area) and a car parking for 4600000. My booking form & Agreement of sale mentioned about it clearly.
I have applied for a loan of 4500000 in SBI Homeloans and it got sactioned after deduction aroung 50000 rupees for legal, documentation, processing fee, Stamp duty & franking.
2960000 out of 4500000 loan has been credited to my Loan account but not disbursed to builder yet.
I have also paid a challan of 260000 for registration & stamp duty.
Registration of flat has been cancelled due to false documenetation of the flat i.e. they registering 1250 i.e. 1010 sft built up area + 240 sft (common area + Car parking) which is against promised of 1250 sft (including car parking) and a car parking.
My questing here is:
Will I be able to cancel the SBI homeloan?
Will I get my refund of 50000 rupees for legal, documentation, processing fee, Stamp duty & franking?
Will I get my refund of challan 260000?
How can I get my loss from the builder as he fooled me?
A.Dear Client,
Regarding your first question about canceling an SBI home loan, once a loan is approved or sanctioned, it cannot be canceled or closed until it is repaid or foreclosed by the borrower.
For the second question about getting a refund of 50,000 rupees for legal, documentation, processing fees, stamp duty, and franking, these expenses are typically non-refundable and are borne by the borrower as part of the loan processing.
Regarding the third question about the refund of challan 260,000, if the purpose for which you paid the challan is not fulfilled, you are eligible for a refund from the bank upon claiming it, or it may be adjusted with the amount of foreclosure of the home loan account.
For the fourth question about seeking compensation from the builder who allegedly fooled you, if the housing project is approved by RERA, any deviation or deficiency in service by the builder can be addressed through a legal process. You can serve a legal notice, file a complaint under Section 31 of the Real Estate (Regulatory and Development) Act, 2016, claiming a refund and compensation before the Adjudicating Officer. Alternatively, you can file a complaint against the builder for deficiency in service and unfair trade practices before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019, claiming a refund, compensation, and litigation costs. Another option is filing a civil suit for specific performance against the builder before a Civil Court for appropriate relief.
Regarding your first question about canceling an SBI home loan, once a loan is approved or sanctioned, it cannot be canceled or closed until it is repaid or foreclosed by the borrower.
For the second question about getting a refund of 50,000 rupees for legal, documentation, processing fees, stamp duty, and franking, these expenses are typically non-refundable and are borne by the borrower as part of the loan processing.
Regarding the third question about the refund of challan 260,000, if the purpose for which you paid the challan is not fulfilled, you are eligible for a refund from the bank upon claiming it, or it may be adjusted with the amount of foreclosure of the home loan account.
For the fourth question about seeking compensation from the builder who allegedly fooled you, if the housing project is approved by RERA, any deviation or deficiency in service by the builder can be addressed through a legal process. You can serve a legal notice, file a complaint under Section 31 of the Real Estate (Regulatory and Development) Act, 2016, claiming a refund and compensation before the Adjudicating Officer. Alternatively, you can file a complaint against the builder for deficiency in service and unfair trade practices before the Consumer Court under Section 35 of the Consumer Compensation Act, 2019, claiming a refund, compensation, and litigation costs. Another option is filing a civil suit for specific performance against the builder before a Civil Court for appropriate relief.
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A.Dear Client,
As regards Q.No.1) Will I be able to cancel the SBI home loan? Ans: Once a loan is approved or sanctioned by a Bank, it can neither be cancelled nor be closed until and unless the loan is repaid or foreclosed by the Borrower. As regards Q.No.2) Will I get my refund of 50000 rupees for legal, documentation, processing fee, Stamp duty & franking? Ans: Typically these types of expenses are incidental to the processing of the loan uniformly applicable and borne by the borrower and are non-refundable. As regards Q.No.3) Will I get my refund of challan 260000? Ans: When the purpose for which you paid the challan is not fulfilled, you are eligible for its refund from the Bank once you claim for the same. or maybe adjusted with the amount of foreclosure of the home loan account. As regards Q.No.4) How can I get my loss from the builder as he fooled me? Ans: If the housing project is approved by RERA, for any deviation or deficiency in service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer, then serving a legal notice, file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming a refund of the entire money paid against the cost of the flat for the deficiency and deviation in construction along with compensation for harassment. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming a refund of the entire money paid
towards the cost of the flat so far, along with compensation for harassment and the cost of litigation and/or filing a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter.
As regards Q.No.1) Will I be able to cancel the SBI home loan? Ans: Once a loan is approved or sanctioned by a Bank, it can neither be cancelled nor be closed until and unless the loan is repaid or foreclosed by the Borrower. As regards Q.No.2) Will I get my refund of 50000 rupees for legal, documentation, processing fee, Stamp duty & franking? Ans: Typically these types of expenses are incidental to the processing of the loan uniformly applicable and borne by the borrower and are non-refundable. As regards Q.No.3) Will I get my refund of challan 260000? Ans: When the purpose for which you paid the challan is not fulfilled, you are eligible for its refund from the Bank once you claim for the same. or maybe adjusted with the amount of foreclosure of the home loan account. As regards Q.No.4) How can I get my loss from the builder as he fooled me? Ans: If the housing project is approved by RERA, for any deviation or deficiency in service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer, then serving a legal notice, file a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming a refund of the entire money paid against the cost of the flat for the deficiency and deviation in construction along with compensation for harassment. Or else you can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice claiming a refund of the entire money paid
towards the cost of the flat so far, along with compensation for harassment and the cost of litigation and/or filing a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter.
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