Developer has taken rs 6 lakh in black for parking, maintenance, grills, etc
FELIX FERNANDES
(Querist) 06 December 2016
This query is : Resolved
I PAID RS 22 LAKH TO THE BUILDER IN CHEQUES AND RS 6 LAKH IN CASH FOR ALLOTING ME CAR PARKING, FOR FIXING GRILLS IN THE BALCONY, ENGLISH COMMODE IN THE TOILET, ONE YEAR MAINTENANCE CHARGES, ETC.
HE HAS FAILED TO FULFILL HIS PROMISES AND HAS NOT DONE ANY OF THE WORK. NOW HE HAS REFUSED THAT HE HAS RECEIVED THE MONEY IN CASH. MOREOVER HE SAYS THAT I AM STAYING IN THE FLAT WITHOUT LEGAL POSSESSION LETTER. HE HAS TOLD THE SECRETARY NOT TO RAKE MAINTENANCE CHARGE FROM ME. HE HAS NOT ISSUED ME A SHARE CERTIFICATE ALSO. MY NAME ON THE SOCIETY BOARD IS ALSO MISSING.
KINDLY ADVICE, IF SI SHOULD APPROACH THE INCOME TAX AUTHORITY FOR NOT ISSUING THE RECEIPT FOR THE CASH AMMOUNT. SHOULD I FILE A CRIMINAL CASE AGAINST ALL THE 8 PARTNERS INCLUDING THE SOCIETY COMMITTE
Hemant Agarwal
(Expert) 06 December 2016
1. FOR "starters", you yourself have committed illegality by making payments in Cash, which in itself is an offence under the Income Tax Laws.
2. IF there is no proof of cash payments, THEN forget it, since nothing can be done, atleast legally against the builder.
3. As far as membership etc.... and other internal amenities are concerned, you can file matter before the local consumer court against the Society and the Builder.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 06 December 2016
To get some hold on builder for amount paid in cash in order to recover it/get work done, you need to establish.................
If you are unable to succeed on your own and thru your own resources............try with strategy of your counsel.
LCI expert Mr. Hemant Agarwal is at our location and you can benefit from his counsel.
Guest
(Expert) 06 December 2016
In the absence of any proof your proposed actions can bounce back only on you.
Rajendra K Goyal
(Expert) 06 December 2016
You said;
SHOULD APPROACH THE INCOME TAX AUTHORITY FOR NOT ISSUING THE RECEIPT FOR THE CASH AMMOUNT.
Reply:
Tax authority has no solid base to proceed against him in the given circumstances. In turn it would ask from you the source of fund, why the amount more than 20,000 was paid in cash. Even if proved, you would be equally responsible.
You asked:
SHOULD I FILE A CRIMINAL CASE AGAINST ALL THE 8 PARTNERS INCLUDING THE SOCIETY COMMITTE
Reply:
Discuss with your lawyer in detail.
