Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
A Panvel
Resident, whose pent House in Panvel was close to be connected by a Bank, has
managed to retain the 1,687 sq.ft.Accommodation, due to associate order by the
State Consumer Court.The geographic area State consumer Commission has
currently, directed the Builder to repay the loan of around Rs.12 large integer
that had been taken by the previous Owner of the house.
The Owner
and Occupier of the pent House, Makrand Bharambe bought the pent House from
the Builder, avatar Deshpande of Ashirwad Developers, in june 2008, for around
Rs.19 lakh. Concerning 9 months later, he was sure a rude shock once officers
of financial institution of India told him that the shut up House was encumbered
to them. The Bank officers told Bharambe that they wished to seize the pent
House that had been purchased by a precise Ketan crowned head, who had bought
it in 2006 from Deshpande for Rs.12.5 lakh that he (Shah) had availed of a loan
and defaulted on its reimbursement.
At this
stage, whereas crowned head occupied the pent House, it absolutely was the Bank
that was its rightful Owner.With his inability to repay, crowned head
two-handed over possession of the house to the Builder,who successively oversubscribed
it to Bharambe while not informing the new emptor concerning the loan that
crowned head had availed of and defaulted on.
The Consumer
body has command the Builder guilty of deficiency in services. So, besides repaying the loan quantity to the Bank, the Builder has additionally been
directed to pay an extra Rs.1 large integer for having caused mental harassment
to Bharambe and Rs.50,000 towards proceedings value.
When the
Bank officers wished to seize the pent House, Bharambe had confronted the
Builder who shifted the burden on the loan default the previous Owner. The
Builder told Bharambe that he had off the previous Sale Agreement and had it
given from crowned head by repaying him the initial quantity that he had paid.
The Builder’s defence was that shah had not intimated the Bankers concerning
the cancellation of the Sale Agreement.
However, the
two-member bench of the commission comprising P.N. Kashalkar and Dhanraj
Khamatkar directed the Builder involved the loan burden. The Commission ascertained
that, the Builder had cheated Bharambe by mercantilism a similar flat
twice–first to crowned head and so to Bharambe.The Builder
had remained absent throughout the proceedings before the patron commission
inspite of being issued notices by the Consumer Court.
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