shankar (self) 12 November 2011

Flat-builder-asking-more-money-from-purchaser-bangalore

This is regarding the extra charges being imposed by the builder during registration.
I have purchased a FLAT in Jan 2010 with Possesion Date of Dec 2010.

My agreement says only to pay 49,11,500/ + (Flat Charges + Maintenance Charges) and 2,00,000/-( Registration+Stamp Duty+Legal Charges) . Now I am asking for registration of the flat and the builder is asking to pay extra Govt. Levies@ 6.5% of 49,11,500 (i.e 3,19,248/-) which is not a part of my agreement. Also he is charging me the late payment charges of 2,06,628/- which is because disbursement got delayed from BANK. The builder did not send any
demand letter to the bank to disburse the amount and there was no progress in the construction.The disbursement was on date basis and not on SLAB completion. The builder planned the dates in agreement in such a way that he knew the Bank processing would delay in disbursing the payment and he is now charging me...Till date he didnt turned up saying i need to do the late payment charges but now he is asking me....

My Agreement was done - Jan, 2010
Actual Flat Possession Date was - Dec,2010 (Still Not Given)
Current Situation - Not yet giving Possession Date and demanding more money

Answer my questions inline to my commments please...

Please let me know

1. What are 6.5% charges? Builder says the 6.5% charges are Govt Levi charges it seems and this charges are separate from the Registration+Stamp Duty+Legal Charges. This figure is NOT at all there in my agreement

2. Also should I pay delay charges as there is a delay from builder side as he is not giving possession till date? I have a clause saying builder will pay Rs. 5/sq feet if delayed after Dec 2010. But there isnt any End day mentioned in agreement till what time the delay would be and he hasnt payed anything to me till date.

3. How much time it would take me to get this legally resolved in karnataka? I heard there are lots of cases pending to be resolved?

4. He says you happily go to the consumer court there are 12 Lakhs cases pending and it will take years to solve this.

5. He also says that they have good contacts at builder level...My question is INDIA so corrutped..come on...please help me in getting the right solution..

6. I cant even concentrate in my personal life as this is the only thig i have made in my life and i am not getting this.

7. Does builder has right to CANCEL agreement?

8. Should i go to Lokayukta?will Lokayutka help me OR Consumer Court Help me?

9. He is not Even responding to emails when i Asked about the 6.5% Govt levis charges, as he keeps quiet..

Please anyone can share me the mail id such that i can send my documents and you can verify and provide me the suggestion...

Answer my questions inline to my commments please...

Reply Follow

2 Replies

(Guest)

Original agreement stands. File complaints with the poice and since they won't do anything move the consumer court annexing the complaints with receipts. Consumer Court won't do anything. Get records. Then move the high court annexing all records. If nothing happens there or an order is paased against you then move the Supreme Court.

shankar (self) 18 December 2011

1.How can i find if the Real Estate company is registered for taking VAT taxes from Buyers?
2. The receipts which they had issued me earlier didnt had VAT number on that. and on request to they dont Provide me the VAT

number, But asks me to pay VAT amount.
3.This VAT amount was NOT mentioned in my Sale Agreement ealier.
4. What is this ST(Service Tax ) and on what this is applied? I didnt had any construction Agreement done, i had only Sale

Agrrement, but still am i liable to pay VAT and ST?