Case for non payment of penalty by the builder.
Ravinder Kumar Rohilla
(Querist) 23 June 2015
This query is : Resolved
Dear Sir-I booked a flat in Sector 137, Expressway, Noida in February 2010 at pre launch stage of the project. The builder signed an allotment letter in October 2010 according to which the flat was to be handed over after 33 months which expired in July 13. In the earlier two demand letters there was an amount asked towards Service Tax but no Service Tax No. was mentioned anywhere in the demand letter.
That time their men collected the demanded amount saying that Service Tax matter is in Court and we can pay the same later. Hence, We paid all the service tax demanded earlier and the service tax demanded in March 11. He calculated interest @18% over service tax and demanded the same later. Apart from this the builder had committed calculated mistakes in the ledger which he never bothered to settle before the issue of Letter of Possession in March 15. I paid every amount as per his Offer of Possession Letter included some of interest of Rs.10000. He stated we shall not get the penalty amount of Rs.170000 as we did not pay the service with two demands in the beginning on which he had already charged the interest from us. As is widely known, the builder agreement is always one sided and so was his Letter of Possession. My query is that shall be get the penalty amount of delayed possession from the builder in the wake of one sided agreement and Offer of Possession letter. Builder is not finishing the flat and asking me to pay the stamp duty cheque and lawyer charges immediately and get the registry done of the raw flat. Kindly advice in matter and can we get relief from Consumer Court or National Consumer Commission.Regards
Jeetender Gupta
(Expert) 23 June 2015
The possession was to be handed over in July 13 which did not happen. if we take this date for cause of action then there is a limitation period of 2 years within which you need to approach consumer forum, else the forum might not even entertain your complaint. You need to file case ASAP. Every other issue is secondary.
Rajendra K Goyal
(Expert) 24 June 2015
Consult local lawyer and file case regarding compensation claim for delayed possession. Ask the builder through registered letter regarding the date of payment of service tax etc. in the Govt account and photocopy of the challan. If they do not provide, write to taxation authority and if you are confirm that the collected amount was not deposited, file police complaint.
