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Consumer protection act

(Querist) 22 September 2018 This query is : Resolved 
hi we purchased 7 flat in a building for residential purpose as we need the same for accomodating company staff as well for family purpose. we are in flim production business. infact while making loan application it was purchased in the joint name of husband and wife who were the only director of firm and even firm was co applicant. accordingly loan was sanctioned and builder was paid. that however on site the allegd flat were not there and therefore we have filled consumer comnplaint.
1. am i am consumer ?
2. what other remedy I have against the builder ?
3. Can we also take action against bank who has disbursed loan against the property which was not in existence ?
Thanks for the expert for guiding juniar in anticipation
Vijay Raj Mahajan (Expert) 22 September 2018
Who are you? Are you one of the director of the said company or firm, if yes than you are a consumer who purchased the properties from the builder.
Bank only provided funds to you for buying these properties on your application so you cannot blame or take action against them for paying the builder for non-existing properties, it was your mistake that without verifying the truth about the properties you went ahead with property deal for non-existing properties.
The deficiency of service and infringement of contract for sale of flats in time are grounds for seeking appropriate order from the consumer forum against the builder.
Kishor Mehta (Expert) 22 September 2018
If you have the necessary proofs, You can take recourse to Consumer Forum and approach the RERA Authorities. You cannot take any action against the Bank.
Raj Kumar Makkad (Expert) 22 September 2018
In a judgment delivered by Honorable Apex Court of India, it was held that a vendee of a property should vigil prior to its purchase as if he is searching suitable match for his daughter.What were you doing prior to purchase of property which was not existing on earth? None can believe that you were not involved in the criminal act of making the bank to disburse loan which you in connivance of the seller qnd bank have used at some other place.

Anyways, coming to your quwery, you can take the recourse of criminal case against the builder/seller apart from the recourse you have already adopted. The role of the banker is also not lesser than the seller which is required to disburse the loan only after physical report of its staff, valuation report and many other documents.
Dr J C Vashista (Expert) 23 September 2018
"Buyer Beware".
Purchaser of 7 flats in a building do not fall within the definition of "consumer", which is a commercial transaction.
Disbursement of loan against the property has no relevance with deficiency of service of financier/ banker.
Seek guidance of a local senior and prudent lawyer. Prima facie it is a hypothetical and fabricated story without head and tail.

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