To stop pay Bank EMIs for builder default
I had pre-booked an apartment in Gurgaon with Noida based prominent builder. I have paid pre booking amount by cash and have paid 95% of project cost in total as per the terms of agreement. I have also taken home loan from a Bank. There is a tripartite agreement that the Bank executed.
Bank released complete payment to builder, without doing the background verification and it was supposed to be construction linked. In early 2017 builder has a huge debt burden and he has multiple cases against him and declared himself bankrupt in Delhi/UP high court.
Is there any way or legal provisions which can help us to refrain paying the EMI and interest accruals until the clarity on project status? For Citizens whose hard-earned money is already at stake because of all the fault at builder and banks end.. What can be done by me in this situation? I don't want to pay EMI and please help we are not interested in this property anymore and want to withdraw.
Project is on halt and there is no construction happening for last 4 years