Hi,
We have purchased a Flat in a Building which has OC of 2003. We purchased the flat in 2009 directly from the builder. ( For some reasons he did not sell majority of Flats to keep control of the land). During Sale the Builder collected 1 lakh from us as non refundable deposit for VAT. He has signed a declaration for the same. Now that it is clear that the VAT is not applicable in our case, the Builder is trying to set this amount against Maintenance amount which he is not doing. He has taken 1 year advance maintenance from us and still is demanding it since the society is still under litigation / De registered. The members of the building are maintaining and paying the outgoing of the building
We plan to file a criminal case against him as under Civil cases he just drags the cases and the members generally will not follow up the cases.
Any suggestions what could be the possible sections for filing a criminal case against him and get out VAT amount back.