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SOURAJYOTI CHOWDHURY   28 July 2016

Agreement violation by real estate company

Hi

I have purchased a plot from one real estate company. The considered amount in Agreement was Rs 6,80,000. The payment was done in steps as per the agreement,i.e, Rs 205000 as advance, and rest amount in 36 equal installments of Rs 13222 each.

After completion of the EMI s in Jan-2016, the company asked another Rs 1,70,000 for registration, mutation and developement fees. (Mutation & Registration charge : Rs 99200 /- Conversion charge : Rs 34000 /- and Development charge : Rs 34000 /-).

I agreed to pay the amounts all in cheques but they insisted to receive the Mutation, Regn & conversion charge in cash. However they provided a cash memo for the same. All other transactions so far except that was through NEFT or Cheque.

Here it is to be mentioned that as I stay outstation, (the plot is in Kolkata and I live in Rajsthan) they have sent the registration papers by mail and I signed, given finger prints and sent them back. The cash amount of Rs 133000 was carried by my father to their office in June 2016.

In the mean time I came to know from one of my friends who also took a plot in the same place from the same dealer and under similar agreement, has received his registration papers by email. He has also taken a plot of same size and paid as I have done. And he was shocked to see that the considered amount for registration is much below the amount shown in the agreement papers (almost 50%).

My questions are the following:

1. Can they register at so much different(less) amount than said in the agreement?

Does this agreement done in 2012 is having any legal value?

2. All my transactions are through NEFT/ cheque and I am having cash receipts for all of them. Can I be asked by any legal body about why I paid so much excess amount to the company whereas the registartion amount of the land is so low?

3. They have taken the amount of registration as per the considered amount in Agreement not as per that in the registration. How can they do these?

4. If I want to register the plot as per the agreement amount (Rs 680000) instead of the lessened amount( Rs 300000) by the company, how can I do that?

Since this is plot still under developement by the company, I am not in a position to take any adverse action.

Since they have given cash receipts for each penny I paid to them, I understand that the company is doing these mischief only to save the capital tax or something like that. But you see, I have paid total of Rs 800000  to them including everything (except the developement charges, if I think that is the load on the company and I need to pay that), whereas they have used only Rs 400000.

5. Isnt it a froad of Rs 400000 straight forward?

When I talked with them, they are telling as if all other takers are OK with that. But I am not OK. I want the actual value paid tobe reflected.

I have aleady given property intimation in my office (I work in PSU). They are also now asking about extra payment?

6. What can I do now?



Learning

 5 Replies

Kumar Doab (FIN)     28 July 2016

"When I talked with them, they are telling as if all other takers are OK with that."

Saying, asking,telling are all verbal mode of communication and not on record.

 

"I have aleady given property intimation in my office (I work in PSU). They are also now asking about extra payment?"

You have a reason.

 

 "Since this is plot still under developement by the company, I am not in a position to take any adverse action."

It is your call.

 

 

M.P.Mathews   29 July 2016

If you have paid the full amount and can produce receipts for all payments you are entiltled for registration on the total consideration paid. In any case the registration charges paid by you can be used only for the said purpose and any amount collected in excess needs explanation. However any legal action can be taken only based on the agreement executed 

 

SOURAJYOTI CHOWDHURY   29 July 2016

@Mathews, Do you feel the signed agreement is legal bindingness for the company? If they doesnt give any suitable explanation for the excess amount taken and used by them otherwise, can I fight on the basis of the agreement papers? Will it be worth?

M.P.Mathews   30 July 2016

Sure They are bound by the agreement

 

Kumar Doab (FIN)     30 July 2016

The agreement is the basis.

The builder can't breach its own agreement.


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