Icici is not providing me tripartite agreement.

Ramanan Subramani (Querist) 18 March 2024 This query is : Resolved
My builder, in his RERA submission, said there is a tripartite that exists between the builder, us (the buyers), and the bank (ICICI). I have asked ICICI so many times and sent notices, but they are neither telling me nor giving me the copy of the tripartite agreement.

I even went to the bank to raise a request for the list of documents. That also ICIC is not providing...

What can I do as an aggrieved buyer.... Neither the bank nor the courts are helping...

ICICI Bank branch - Malleswaram, Bangalore

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A buyer is facing difficulties obtaining a tripartite agreement from ICICI Bank, which was mentioned in their builder's RERA submission. Despite multiple requests and notices, ICICI has not provided the document. The buyer is seeking advice on how to proceed, as they feel both the bank and courts are unhelpful. Suggestions include filing a petition with RERA, potentially asking the builder to produce the agreement, or complaining to the consumer forum for deficiency in service.

T. Kalaiselvan, Advocate (Expert) 18 March 2024
You can file a petition enclosing the documentary evidences to prove that all your attempts to obtain the documentary evidences of this tripartite agreement failed, hence the builder may be asked to produce the same or issue direction to ICICI bank to furnish the same by an order.

Ramanan Subramani (Querist) 18 March 2024
Where do I file a petition sir? With which body and which city? Please advise

T. Kalaiselvan, Advocate (Expert) 18 March 2024
Your case is going on in RERA, hence it is the RERA that will entertain your petition if you are really serious about the relief sought

kavksatyanarayana (Expert) 18 March 2024
You can ask the RERA which action is taken on your petition through RTI.

T. Kalaiselvan, Advocate (Expert) 19 March 2024
Once you have already issued a notice demanding the copy of the tripartite agreement to the ICICI bank and they have not responded then you could have made a complaint against the bank with the consumer forum too for deficiency in service. The bank has to answer before court if they are dragged to consumer commission with a complaint.
It appears that you have not followed up the matter regularly and when the things are going out of control you are blinking as to what to do in furtherance.
Even now you can make file a petition before RERA to direct the builder to produce the copy of the tripartite agreement which would reveal the conditions and terms of the agreement.

Ramanan Subramani (Querist) 20 March 2024
Sir, I have written to ombudsman even. Registered a complaint on ICICI. Am not blinking as to what to do. All doors seem closed and no one responds. Hence the query here.

As regards requesting RERA to force the builder to produce one - The build is absconding. There is a RERA case for the buyers association to take over the project.

T. Kalaiselvan, Advocate (Expert) 22 March 2024
If the builder has stated about the existence of a
tripartite agreement then he should have produced a copy before RERA, where as he is a fraud hence he is now absconding.
You may either wait or proceed as per law.

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