Builder and HDFC Limited Home Loan Trap or systematic organized fraud

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Hon'ble Mrs. Justice SCDRC Karnataka
Is RERA complaint sufficient to be filed for homebuyers who have taken a home loan if both builder and home loan provider are systematically running an organized fraud business or homebuyers still need to go to Consumer Courts and Debt Reovery Tribunal against home loan provider who will fully commit fraud? In my instant case I had entered into a sale agreement with a builder to buy a flat and had taken loan assistance from HDFC Limited :

1. Builder has not constructed as per sanctioned plan and subsequently completion certificate was not issued. Builder has not registered the project with RERA Karnataka either.
2. Builder and HDFC Limited has entered into a tripartite agreement with me and the agreement is ambiguous and home loan provider is showing leniency towards builder.
3. I filed a complain with RERA Karnataka with complaint number CMP/UR/190707/0003495 and it is still pending.
4. Meanwhile bank has taken possession of the flat under abusing powers given under SARFAESI Act.
5. The possession notice is itself questionable and challengeable because there is no conveyance deed, no sale deed and no Transfer of property in my name.
6. SARFAESI notice is issued in my name whereas builder is still the owner of the property.
7. Not just that for default made by builder I am being made to suffer and pay EMI.
8. I have not taken possession of the flat itself because no completion certificate has been issued by municipal authority.
9. I have seeken for entire refund from the builder along with interest and other damages.
10. I have written several times both through email and RPAD to HDFC Limited but they are not willing to ask for interest from builder or take action against the builder.
11. My CIBIL scores are tarnished for no fault of my own and only because I have stopped paying EMIs after realising that the property will not receive completion certificate due to deviation beyond permissible limits.

This kind of systematic organized fraud should stop. I hope others who have faced a similar situation stand for this cause.

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