Cheated by builder and now lender troubling for emi

Aman (Querist) 31 July 2021 This query is : Resolved
Dear Esteemed Members

I am from Ghaziabad and my property for which I am raising a concern is of Greater Noida west (Noida Extn), here goes my concern:
I booked a flat in 2013 whereas mutually it was agreed by builder to pay EMI till possession and loan was from DHFL, he paid all the EMIs till Apl2018 and thereafter I paid from my pocket till Jan2019 as builder was promising a refund of EMIs into my account. Later builder went absconding and upon site visit it came shocking to my knowledge that my flat was sold so someone else and they have started living in the flat. Around May2019 new directors were introduced and I personally met them with my concern, they pressurised me to sign a surrender letter and promised to close the loan and gave em a confirmation on their letter head to close the loan. I have couple of call records too. Since then neither they have closed the loan nor they are making EMI payments. My loan has gone into NPA and now DHFL is troubling me for the payment. Though the surrender was done infront of DHFL staff at the site office.

I sincerely request the esteemed members to enlighten me what best I can do to protect myself and how to proceed further. I am looking for a legal help too as I do not have a network of legal friends.

Regards Aman Chhabra.

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Quick Summary

A homeowner in Greater Noida West booked a flat in 2013, with the builder initially covering EMIs. After the builder stopped payments and the flat was sold to someone else, the owner was pressured to sign a surrender letter. Now, the loan is NPA, and the lender is pursuing the owner for payments, despite the builder's promises to close the loan. The owner is seeking advice on legal recourse, including filing an FIR and a case in the District Consumer Forum, and needs to know the correct jurisdiction for these actions.

kavksatyanarayana (Expert) 31 July 2021
File a case in the District Consumer Forum of your district against the builder by consulting a local lawyer.

Advocate Bhartesh goyal (Expert) 01 August 2021
In addition to advise of expert kavksatyanarayana ,I would advise you to lodge an FIR against builder also.

Dr J C Vashista (Expert) 02 August 2021
I agree and appreciate expert's advise.

Aman (Querist) 02 August 2021
Thank you all for guiding me. Just advise me on 2 more things, viz: I need to file FIR in the area of my property or in the area where I am living currently. Secondly same for District consumer forum, should it be of my residence area or under the jurisdiction of the property.

Shashikant V. Patil (Expert) 07 August 2021
For both purpose, property jurisdiction is considered.

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