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Nilesh Bhansali   05 August 2015

Property dispute

I Have purchased a property in Nagpur. It is a 3 Bedroom flat on the 6th Floor. Agreement to sell has been carried out and proper registration and stamp duty payment has been carried out.

Super Built up area indicated is 1267 Sq Ft, one fre car parking.

 Now, at the time of possession, the builder is claiming increased area of 154 Sq Ft (common area + car parking area) and demanding 4,17,000 Rs more than that indicated in the "Agremment for Sell" document.

All the payments to the builder have been done with the scheduled agreement in the document.

  1. Will you suggest any way forward in the above mentioned scenario?
  2. Service Tax 3.09% for the old payment and 3.5% for the current payments is demanded by the builder.
  3. 50,000 Rs against Club Memebrship, 25,000 Rs against Electricity Meter, 15,000 Rs agaist Generator Power backup, One time Maint. Charges @ 100 Rs per Sq Ft - When do I have to pay them? Now or at the time of actual possession.

Kindly suggest accoringly.

Nilesh



Learning

 3 Replies

Advocate Rohit (Advocate)     05 August 2015

hello!

Service Tax and VAT are to be payable by the Builders only. no where the purchaser has to pay the same. Ask your builder to furnish the Service Tax and VAT Registration Numbers on the receipt issued to you. Ask him to pay the concerned authorities and then you may reimburse the builder if you so desire. In your Agreement is it mentioned that you are bound to pay service tax, VAT levied on the constrcution of the property? kindly check and confirm.

As far as club membership, society maintenance, electricity meter and Generator etc. are concerned you may pay the same after you get the possession Don't pay for car parking as once the society is formed then the society will not entertain your ownership on the car parking except incase of garrage only, if you have purchased from the builder.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Adv. Sagar R. Jadhav (Proprietor)     05 August 2015

Do not pay any taxes unless mentioned in the agreement. 

Do not pay for car parking that is totally illegal.

You may pay for other charges but after posession of flat.

Nilesh Bhansali   05 August 2015

Thank you very much for the reply.

What about increased area payment asked by the builder?


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