[Resolved]  Housing Loan — Embezzlement of housing loan

Address:

Ernakulam, Kerala

Respected All,


I am working in gulf since 1995. In 2007 I signed a contract with a reputed builder in Kerala, for a 3 BHK apt of 1400 Sq Ft. / 1650 IRS per sq. ft. To this purpose I paid IRS. 525000 to the builder initially (as 20% self finance), and later I got sanctioned a home loan thru SBI for IRS. 17.97 lakhs (as 80% home loan). If properly managed the residential apartment (on 10 storey building with 40 flats) might have been completed in May 2009 and well handed over to the customer in June 2009.

All these times from 2007 till 2009, the builder approached the home loan bank and used to release respective home loan installments periodically, as per the tripartite agreement with me-builder-banker.

But due to the utter negligence and contractual failure of the builder, they abandoned the subject project in 2009. And in 2010 when "Apple a Day Properties" burst, I wrote an e-mail to CM and thus got his assistance in serving justice to me, over my disputed case.

Thus in Nove-2011 the accused builder paid me the initial money which I paid them, and as per DRT ADalat they paid IRS. 18.5 lakhs to the SBI in June-2012

As the accused builder and the home loan banker cheated me by embezzling home loan of IRS. 1797000 onwards from 2007, an Adalat conducted by the Kerala Legal Servicies Authority, High Court, Ernakulam in December 2011, instructed the accused home builder to repay IRS. 1850000 to SBR RACPC / SARB Ernakulam. Thus I gave a time till 30-June-2012, and accordingly on 28-June-2012 the accused builder paid a DD to SBI and the involved bank SBI received and accepted.

But now the home loan banker, namely State Bank of India – SARB Ernakulam and its officers are preventing me justice, and they do not issue me a Non Liability certificate.

As this involved bank – SBI starts harassing me over this embezzled home loan, I fear court notice and recovery notice against me, as they refuse to issue me the Non Liability certificate to my HOUSING LOAN A/C NO [protected] with SBI. The more this bank delays, there are more chances of abusing my personal civil and fundamental rights.

I think that I have been cheated by the builder and the banker on my basis and fundamental human rights, to own a dream home in Kerala from my hard work and toils.

I lost SIX years, almost 2000 human days in the life’s calendar, and at last I have no home, no money, no profit. If I has invested this IRS. 2500000 (IRS. Twenty Five lakhs in 2007, now by this 2012 I may have a better appreciation of IRS. 4000000 (FORTY Lakhs) to my property, am I right?

My humble question is this as follows:

1). Am I legally deserving my rights to ask for a NLC from the bank?

2). Can I file a compensation suite against this accused builder?

3). What shall be the compensation amount that I am claim for? Can I ask legal support and compensation against obscene and aggressive violations of my Human Rights inflicted / caused by the accused real estate builder along with the accused Home Loan Banker namely State Bank of India on the simple rights of a contractually bound client, for his basic and fundamental right to work hard and thus own a humble home in his native country of birth, has been mercilessly stampeding the humble dreams of a poor hard working man.


4). To whom shall I approach for this complaint?

In view of the and on account of the contractual failures and intensities of irresponsibility of / and / by accused builder, due to their contractual failure and irresponsibility leading to degrees and VARIOUS RANGES OF DAMAGES, thus leading to series of compensation, on account of non-allotment of an apartment or flat at xyz as PROMISED in May 2009, but including and not limited to the financial loss incurred to the suffering client A P Antony, by the deliberate failure of the scheduled construction, completion, AND handing over

In view of the obscene and aggressive violations of Human Rights inflicted by the accused real estate builder namely xyz along with the accused Home Loan Banker namely State Bank of India on the simple rights of a contractually bound client, for his basic and fundamental right to work hard and thus own a humble home in his native country of birth, has been mercilessly stampeding the humble dreams of a poor hard working man.

On account of the contractual failures and intensities of irresponsibility of and by accused real estate builder namely xyz, due to their contractual failure and irresponsibility leading to degrees and VARIOUS RANGES OF DAMAGES, thus leading to series of compensation, on account of non-allotment of an apartment or flat at B 6 (Project name) in PROMISED May 2009, but including and not limited to the financial loss incurred to the suffering client A P Antony, by the deliberate failure of the scheduled construction, completion, AND handing over of the B 6 at (project name) by the accused real estate builder namely xyz


May I know your kind response, how can you assist me in getting justice.

Thanks & Regards,


Tania