What to do if project does not have NA Order

Querist :
Anonymous
(Querist) 22 March 2011
This query is : Resolved
Hello Sir/Madam,
I write this post in great distress. I have recently booked flat in Greenlands at Rahatani by Aswani developers and have till now paid about 9 lacs including registration and stamp duty. The building plan includes two survey numbers. My mistake was that i did not verify the builder's document before the agreement. Now, couple of weeks back when I went to get loan from SBI, their lawyer cited that NA order for one of the surevey nos. for project is not there. I was shocked to learn this and when I checked with builder they told me that they will get it within a week. After a week now they are telling the NA order cannot be obtained as the survey no. in question is taken up by the Government for building a road and they have included the Survey no. in their plans just for FSI calculations. I am really worried now. Even though HDFC and LIC HF is ready for providing home loan, I am not sure what complications I will face in future. Also, if the government puts a Stay Order on the construction, I have heard that bank will not consider that and will still hold me responsible for repayment of the loan.
Please provide your inputs on how serious this matter is and how to get out of this situation. Is it possible to take some legal action against the builder or can I cancel my booking ?
Any kind of help will be really appreciated. Even after taking precautions, I have gotten into this mess.
bhagwat patil
(Expert) 23 March 2011
Dont wary if the project is in two adjacent survey no. one of them is affected by some reservation the fsi of reserved s no.can be used in adjacent s. no.if the plan is passed in pcmc govt. will not stay the construction.appoint an agency for legality of the project. the loan is not a problem. of course the repayment of loan is your liability. as far as my experience there will be no hurdles in completing the project.to cancel the flat is open option to you.legal action action against builder is not advisable it will put your investment in trouble.pl. contact with details.