Legal Question in Consumer Law in India

I have purchsed a house in Bangalore in Mar 2007, wherein the builder has given non encumberance certificate & registration of the property was done at office of sub registrar & the property was morgaged to AGIF from where I had taken the loan. After about 18 months of physical posesssion of the house one notice was published in the local newspaper stating that about 60 houses in that apartment have been morgaged by the builder to one of the bank & my house is one of them.Please give the advise what to do next?


Asked on 10/19/09, 6:31 am

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Issue notice to builder and file case for compensation. Also find out from Bank/ DRT certain details which can help you resist their attempts to sell the property. Contact local lawyer immediately.

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Answered on 10/19/09, 7:42 am
Mantosh Sarkar M.Sarkar & Associates

This is the problem which is frequently witnessed by this real estate segment. It is a very

practical situation the builder at the time of huge construction had obtained loan but had

not disclosed as such R.B.I. has recently formulating a law which provide a disclosure by

the construction company as obligatory term,however you neednot worry.

First you make a very clear representation to the authority who are supposed to encroach

some specified house buildings which was is in hypothectation.

secondly give a lawyers notice whom you booked the flat for breach of trust and asking them to take immediate redressal measure. and at the same time report the matter to the local Police station and S.D.O. or D.M of your for their interference. Hope this will be resolved without opting any litigation process.

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Answered on 10/19/09, 12:45 pm


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