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Sushil Kumar   24 August 2016

Delay in construction by builder & losses on tax rebates

Dear Eminent Members,

 

I am an ex serviceman who had put in all his savings in purchase of a house. I am employed in a corporate now. I need help in understanding the legal standing of my potential case related to purchase of a house. I booked a flat with a reputed builder in Greater Mohali in Sep 2009 by paying 15% of cost price. The house was under subvention scheme.

The builder started construction in 2011 and i signed an agreement with the bank and builder for a loan in Oct 2011. The agreement mentioned that the builder will complete the construction in 25-30 months.

It is to be noted that the tax laws provision tax exemption on interest on housing loan for upto Rs 2 Lac if the construction is completed within 3 years of availing the loan. If its delayed then this limit Drops to Rs 30000. Since the builder has taken more than 3 years for construction i will be losing tax rebate on Rs 1.7 Lac per year. This limit of 3 years has been increased to 5 years in the current budget for all loans which will be taken in future.

I wanted to file a legal case under consumer protection act. Is my case tenable? should i file a case now or shall i wait for builder to handover the flat? Need your advice please. If you have any more suggestions on handling this better then please let me know

Regards

 

Sushil

 



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 August 2016

Sir, 

 

You have a good case against the Builder, File the case as soon as possible. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

advocatepassy@gmail.com 971794 (Advocate)     31 August 2016

Please file a case against Builder for delay in execution of project and refund of interest paid to the financial institution. For claiming rebate from IT Deptt, court's may not interfere and you have to approach income Tax department

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