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Indrajit (XYZ)     29 August 2012

Completion of building not done by builder and now vat

Hello,

I am residing in a building for which the builder has not done the completion till now since we purchased the flats in 2007. He keeps telling us that corporation is not giving the completion and we dont see any efforts being put by the builder. Now we have received the letter from him that we need to pay the VAT imposed by Maharashtra Government as per SC judgement on 28th Aug 2012. Our agreement does say that if any such kind of taxes are imposed on builder by the government then we are liable to pay them. I have some queries as what stand shall we take on this:

1. Shall we demand for completion certificate first and then pay the VAT?

2. Are we supposed to pay the VAT in this case? 

3. Can builder file a case against us if we dont pay the VAT to him and would it be stronger on his behalf or it will be string oin our side as the purchase is still not completed legally since he has not obtained completion certificate.

Any other advise would be appreciated.

 

Thank you,

Indrajit Gaikwad



Learning

 2 Replies

M.Sheik Mohammed Ali (advocate)     29 August 2012

you pay the vat and file deficiancy of service against the builders at consumer court.

Adv. Nikhil Seth (legal consultant (9867264707))     29 August 2012

you should not be late in filing case against builder it seems builder is not intersted in giving you any documents you can file case in consumer court as well as criminal court as well as under mofa act.  


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