Brief Note about the Case
An studio apartment was booked by me from the builder M/s Amay Home Service Ltd by paying Rs one lacs as advance vide receipt number 1322 dated 07/07/08 in their scheme Studio Apartment at Jagatpura, Jaipur.
The builder himself tied up with M/s IDBI and got the loan sanctioned for Rs Seven Lacs on 18/10 on a construction linked loan. Their was an tri partied agreement signed between the builder, me and IDBI dated 06/10 wherein it was very clearly spelt out that the EMIs will be paid by the buyer on possession of the flat (Ref. clauses Pt 5 page number 7, Point F page number 5 & Point 1 page number 6). The arrangement for the loan was also confirmed by the builder vide agreement dated 17/09 (ref. Annexure-III page 16), it was also confirmed that loan can only be taken from IDBI only.
The builder got two installement released for Rs 2.10 lacs on 18/10 & Rs 0.70 lacs on 10/03, all the installement towards the loan was paid by the builder as per the agreement till 02/09, therafter the builder has stopped paying and the project was stopped due to builders financial problem.(Confirmed thru loan ledger taken from the bank).
The builder has even signed a lease agreement wherein it was agreed that payment of rental of Rs 8000/- for 1-3 years, Rs 10000/- for 4-5 years & Rs 1- for 6-8 years will be done by builder in lieu of rental of the flat basically to clear off EMI which will become payable after possession.
As of date the buiklder is behind bar, project is incomplete and stopped, Bank is asking the buyers of the flat to pay EMI /return the money with interest, Also the credit rating of myself has being put as defaulter with no intentions /reason.
Relief sought:
- To clear name from defaulter list.
- To have the amount paid to builder refunded and bank should be asked to claim the money from the builder.
- Compensation for mental agony and tarnishing image in the public.
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