Your question involves complicated questions of facts and law. It is not possible for us to give an accurate answer to your answer in the absence of having seen the full details / documents of the case.
But, generally speaking, such an act may amount to the offence of cheating if the builder has sold the flat to you my misrepresenting the facts in a dishonest manner. It is also not understood how a bank (HDFC Bank) gave you loan (that too 95% loan) against such property, since the banks would generally examine the title in detail. In particular, the HDFC Bank is generally very strict in these matters. Thirdly, there would be indemnity bond executed along with the sale deed, you can try to enforce it, provided such agreement had been signed. Fourthly, you yourself appeared to have been negligent in as much as you took possession without getting the deed registered on time, otherwise you would have come to know of the fraud in the initial stage itself. Fifthly, unless there is a stay from the competent court, it would be difficult for you to stop the DHFC. And, as far as my understanding goes, the stay may have to be obtained not from the criminal court of CJM but from the DRT or other competent court where DHFC has filed proceedings against the builder, or you have filed the civil matter, if any, against the builder. You should consult some local lawyer by showing him all relevant documents.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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