Emi payment to financer in case of non handover of flat
Jaideep
(Querist) 04 October 2018
This query is : Resolved
Hi
I booked a flat in 2015, buider didnt handover flat yet.
Q - What stand can I take in case of EMI payment to bank in this case. If builder does not handover flat for say more 2 years, than does it mean that I have to pay unwanted EMI when its not my fault
Awaiting early reply
Thanks
Kishor Mehta
(Expert) 04 October 2018
Payment of EMI is your contract with the Bank and should not be linked with the possession of the flat. You stand to face legal proceedings in case of default.
Dr J C Vashista
(Expert) 05 October 2018
Payment of EMI to financier and possession of flat are two different issues which can not be related to each other. Banker/ financier is least concerned with handing over possession of flat but to recover the principle with interest as calculated and fixed EMI.
Continue paying EMI regularly to avoid prosecution by financier.
Meanwhile, pressurise builder to handover possession of flat by filing consumer case or a civil suit (both options are available and can be explored).
However, if you are located in Delhi and feel you may contact me (by prior appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
