Legal Question in Banking Law in India
By an �Agreement to Sale�, I have agreed to purchase one flat together with two car parking space nos. on Ground Floor measuring an area 135 sft each.
As per the said agreement, all the payment have already been paid to the developer by BANK and 10% of the sale consideration is balance, which is to be paid BY BANK at the time of registration of flat.
But it now appears to me that the developer intends to offer me reduced size of parking, which is purely a deviation and violation of our agreement and sanctioned building plan. Under this circumstances (when some disbursement is balance by BANK), can I send a legal notice to developer for this violation of contract. If yes, will it be objectionable by BANK or will there be any consequences with my BANK LOAN?
1 Answer from Attorneys
You can send notice and Bank has nothing to do with this. You instruct the Bank not to pay the balance amount without your written permission. You are the Purchaser and Borrower, so Bank has to follow your instructions only.
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