• Builder not providing Environment clearance certificate

I have entered into agreement with a builder by paying sum of 3 lakhs and stamp duty in April 2024.
After agreement now that builder is unable to provide me environment clearance certificate my employer bank has rejected my house loan in June 2024 due to non availability of EC.
I can not go to other banks as I am already employee at one. And builder team is forcing me to move to other banks on higher ROI which is very financially crushing for me.
What should I do in such situation? Do I have any chance of getting money back if I cancel the agreement now. Or will my 10% amount gone as it was stipulated in the agreement. Is this Lapse on the side of builder?
Asked 4 months ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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9 Answers

Why is the bank insisting on production of environment clearance certificate for residential housing loan?

Or whether you have mistaken encumbrance certificate (EC) for environment clearance certificate. 

If the builder is not cooperating to provide the required documents for obtaining housing loan then you can decide about cancelling the sale agreement and demand for full refund of amount paid by you because it is fault for not complying with the requirements. 

You issue a legal notice demanding the certificate or to cancel and return your advance amount. 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

The builder has to provide the requisite documents to enable the purchaser to obtain loan and this requirement seems to be common in that area and appears to be an essential document in order to consider granting home loan. 

You can issue a legal notice to builder as suggested in my previous post and proceed accordingly. 

Remember that you are not at mercy of the builder. 

T Kalaiselvan
Advocate, Vellore
86760 Answers
2318 Consultations

Seek cancellation of booking and refund as builder failed to provide environmental certificate as required for clearance of bank loan 

 

2) if builder refuses refund file case before RERA and seek orders to direct builder to refund your money 

 

3) you have good case on merits 

Ajay Sethi
Advocate, Mumbai
96559 Answers
7784 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
96559 Answers
7784 Consultations

- Environmental Clearance (EC) for certain developmental projects has been made mandatory by the Ministry of Environment & Forests under the provisions of Environment (Protection) Act, 1986, and  failing to obtain this clearance can lead to legal issues and project delays.

- Further, EC is required for residential projects if the built-up area is more than 20,000 sq. meters and is required before the construction of the project.

- Further, it is a mandatory compliance and banks do not approve a project if the builder doesn't possess this NOC.

- Since, the said project is having 8 acres area , hence the EC is necessary for getting loan from bank.

- If builder refused to provide the same, then you can send a legal notice , and if no positive response, then file a complaint before the consumer forum on the ground of deficiency of services. 

Mohammed Shahzad
Advocate, Delhi
14316 Answers
219 Consultations

  1. This is deficiency in service in part of builder. So you must demand your full amount back, with interest. If the builder refuses,  sue him in consumer court 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1568 Answers
5 Consultations

Builder is at fault if not EC ? you are entitle to full refund with interest. Complaint to RERA. 

Yogendra Singh Rajawat
Advocate, Jaipur
22961 Answers
31 Consultations

you can file a suit for performance of your agreement against the builder. 

 

Shailesh Thakore
Advocate, Ahmedabad
10 Answers

Dear Client,
The builder's inability to provide the EC certificate before the agreed timeline is a clear breach of the terms of the agreement. Kindly review the agreement thoroughly to understand the provisions regarding refund of the paid amount in case of the builder's failure to fulfil their obligations. Send a written notice to the builder demanding a full refund of the amount you have paid (₹3 lakhs + stamp duty). mention the breach of contract and the builder's failure to fulfil their obligations as the grounds for the refund request. If the builder refuses to refund the amount, you can consider filing a consumer complaint before the appropriate consumer forum. The builder’s pressure to switch to other banks may not be in your best interest as that would further complicate the situation. Consulting a real estate lawyer may further give you better results.

Anik Miu
Advocate, Bangalore
10031 Answers
119 Consultations

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