Excess amount paid for registration of flat by error
Querist :
Anonymous
(Querist) 02 October 2011
This query is : Resolved
I have purchased a flat at Vashi of which the agreement value was Rs. 18 Lakhs and accordingly the Registration amount was Rs. 18000/- But due to oversight on my Legal consultants part he had asked me to get a demand draft of Rs. 30000/-. I being a laymen got a draft for Rs. 30000/- and the same was given to the Registrar. The registrar gave a receipt for Rs. 18000/- as the registration charges amounted to Rs. 18000/-. However the same came to light when i went to collect the original documents from my consultant. The registrar has taken a draft of Rs. 30000/- and issued receipt of Rs. 18000/-. I have been following up with my concultant for the refund of Rs. 12000/- for almost 20 months but I am getting some excuse or the other. I would like to know how can i get the refund in this case. Secondly can i claim compensation(either from the Registrar or my consultant)for the delay and mental agony caused due to the above issue.
ajay sethi
(Expert) 02 October 2011
was the draft of Rs. 30,000 encashed?
you ought to have been more careful . if demand draft was more than required valued you ought to have had the draft cancelled and prepared the new draft .
the money has not gone into your legal consultant but into govt coffers.
have you retained photocopy of demand draft ?
even if you issue legal notice the cost of recovering Rs. 12,000 will be more than excess amount paid .
Querist :
Anonymous
(Querist) 02 October 2011
Since i was unaware of the charges, I got the drafts as asked by my consultant in respect of S.Duty & Registration charges. The draft of Rs. 30000/- has been given to the registrar against which I have got the receipt of only Rs.18000/-. I do have a copy of the Demand draft. But since it is an error due to oversight the excess amount paid should be refunded by the Registrar. My consultant has already given an application in the matter six months back to the registrar. In view of the above can i file an RTI application.
ajay sethi
(Expert) 02 October 2011
yes you can file RTI application
Raj Kumar Makkad
(Expert) 02 October 2011
RTI application is not an issue. The basic issue is how to get back your money erroneously got deposit.
You serve a legal notice in the name of collector, registrar and DM of your district through your legal consultant and on expiry of period of 2 months, file a civil suit for recovery with interest and expenses. Do not forget to file the Counsel fee certificate with the plaint. You shall get each and every penny you incurred.
R.Ramachandran
(Expert) 02 October 2011
You can claim refund from the office of the Registrar by making an application clearly indicating the complete facts like (1) the demand draft number,date and amount,(2) the receipt issued by the registrar and (3) the excess amount that had been paid by mistake, which requires refund. You should attach the copy of the Receipt issued by the Registrar (it is not clear whether the Receipt mentions the DD No.?)
You should submit the said application under Registered Post Ack Due. After a gap of 2 months, you should file RTI Application and seek information about the disposal of the said application.
In case you don't get the refund, then you have to file a suit for recovery of money before expiry of 3 years from the date of Receipt granted by the Registrar. Before filing the suit, you have to serve a notice under Section 80 CPC.
prabhakar singh
(Expert) 02 October 2011
Act as advised by Mr.Ramachandran.
Sailesh Kumar Shah
(Expert) 03 October 2011
Author need to adhere guidance of Shri R. Ramachandran.
