Stamp duty charges
sharad chondikar
(Querist) 25 April 2013
This query is : Resolved
i have booked 1 BHK flat april2011 in pune and made agreement in may2011 agreement value is 1898450, that time ihave paid stamp duty rs.77525/- (i.e 7600 for first 5 lacs and 5% on remaining value ), now flat is ready for possesion and for getting possesion builder want to make a sale deed and he said i will have to pay remaining stamp duty ( 6% on whole agreement value)other wise he will not give me possesion of flat.pl. suggest is it require pay 6% stamp duty.
AGREEMENT Details - AGREEMENT FOR SALE ( OF FUTURE IMMOVABLE PROPERTY )EXECUTED ON 24TH MAY 2011.
INDEX NO.II
DUST NO.AND YEAR - 4254/2011
STAMP DUTY CHARGES - 77525/-
REGI. CHARGES - 18990/-
AGREEMENT VALUE - 1898450 /-
Vidhi Joshi
(Expert) 25 April 2013
what was the earlier agreement(april 2011) about??
Raj Kumar Makkad
(Expert) 25 April 2013
You are required to provide stamp duty only once and registrar do not require double stamp duty from you.
Raj Kumar Makkad
(Expert) 25 April 2013
Serve a legal notice to that builder followed with the consumer complaint.
Advocate M.Bhadra
(Expert) 25 April 2013
You can file a case in District Consumer Forum for unfair trade practice and deficiency of service against the builder.
A 'complaint' under Section 2 (c) of the Consumer Protection Act, 1986 includes any allegation in writing made by a complainant that an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider. Unfair trade practices are defined under Section 2(r) of the Consumer Protection Act, 1986 as follows:
UNFAIR TRADE PRACTICE " means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;—
(1) the practice of making any statement, whether orally or in writing or by visible representation which,—
(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;
(ii) falsely represents that the services are of a particular standard, quality or grade;
(iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;
(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;
(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;
(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;
(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;
(viii)makes to the public a representation in a form that purports to be—
(i) a warranty or guarantee of a product or of any goods or services; or
(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;
(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;
(x) gives false or misleading facts disparaging the goods, services or trade of another person.
