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Latha   13 August 2018

Builder sold already registered property

HI,

This year february we have given token amount to marketing executive of builder and booked the property. Then applied the loan from SBI bank. After few days SBI bank person told us that my profile verification and flat verification is done and I am eligible to taken the loan. Marketing executive told that to get the interier loan,  we need to start interior and only after completing minimum 25% of work loan is sanactioned. So he told to us that parallelly , we can start the interior work , so that immediatley after registration we can join in the new house. Markenting exective had tied up with one interior person and he taken care of the entire work we did.  As few of (almost 4 ) flats which are booked along with us also started interior work, we also belived him and started work. 

Meanwhile we paid the 10% of flat  amount to builder and remaining 10% amount was present in my bank account. After submitted the current balance statement and tranasaction amount, as final check SBI verified the their internal software to check about existing loan of the flat which we had choosen. There SBI came to know wthat flat has a loan already from other bank. So SBI rejected our loan by saying the same. When we asked this to marketing executive he told that, during registration of other flat by mistake they mentioned your flat number. So he said that with rectification deed, we can correct the flat number  and within three days entire  process will be completed and he continued the interior work saying this. 

Then they said, the person on whom flat is registered in not in city now, so it is taking time to complete. Once he is available will complete it. As per our initial plan, we planned shift to new home on May month and we informed the same thing to house owner.  When we informed this to marketing person, he told that we can join in the new home and after rectification we can go for registration. Meanwhile he even started loan process for out flat with the other bank.  When we asked for rectification, he was keep on telling different different reason for the delay. Finally after 2 months, he said that bank is not allowed for rectification and only option is to close the existing loan and take the new loan. But they are delaying this saying, to preclose the loan that person(on whom flat is registered) is not having the money right now and he need some time to arrange the money. 
 
Below are my concerns
1. When we first  time (in April month)spoke with Builder, he said that by misatke it happened and we will clear it ASAP and do registration. He said that wait for one month and if it didnt happen in one month, then I will give the lease agrement for 8 lacks( 4.50 lacks amount paid + 3.50 lacks for interior amount) and onec issues are solved, you can go for registration. 
2. After weeks , we met him again and he told that it will take some more time. Then we aksed him to give the lease agreeemnt as he mentioned earlier. He said that he will give the lease agrement, but we need to cancel the sale agremnet. He asked us think and tell him. 
3. After few days, we decided to take the lease agrement and asked him for the same. But now he is saying that he can't give the lease agrement only for 4.50 lacks( the acutal amount paid to him). Now he is saying, why you did the interior work before registration, It is your mistake to do the interior work before registartion and I am not responsible for that. 
 
4. He is saying that even if we file the case on him, court will ask him to pay the amount only 4.50 lacks to us.  
  Is it true?
 
Should we loose the amount which we spent on interior work? - I spent my PF withdrawl amount and also by taking loan from private people for interior. I am not in a position to loose this amount.
 
What the actions be taken on him, if I fill cheating case on thim 
 
 Regards,
Latha.


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