Buyer shouldn’t pay for bank’s mistake

Pandav Roy had entered into an agreement with Merlin Projects for the purchase of a row house in a complex called “The Terrace” at Merlin Greens in South 24 Parganas. The total consideration was Rs 14,25,000, of which Roy paid Rs 2,43,750 as earnest money.

Roy approached Union Bank of India to obtain a home loan of Rs 15 lakh. Upon sanction, a tripartite agreement was executed on January 21, 2004, which required the bank to pay the builder the balance of Rs 13,81,250 towards the row house, and the remaining amount of Rs 1,18,850 for registration of deed of conveyance.

Roy also paid an additional Rs. 2 lakh as contribution towards the corpus fund and for maintenance and other charges. He received possession of the row house on April 20, 2004, along with amenities such as water supply, electricity, generator, and security services.