Dear Sir/Madam,
Our builder from whom we purchased flat refused to register the flat by asking for unreasonable charges.We filed a complaint in the state consumer forum,Karnataka and Builder then revealed a pending dispute between the builder and landowner and hon'ble high court of karnataka restrains him from alienating the property.Hon'ble forum after hearing granted him one year to register the flat or refund the money.In case of registration we(DH) were ordered to bear the difference in registration and stamp duty.
One year went by and when there are only three days to the timeline given by stateforum,builder sent us letter to pay Rs 5.5 lakhs as service tax + vat + registration + stampduty against the court order which cleary says we have to pay only the difference in registration and stamp duty.
Also we came to know that the non alinenation order passed by high court of karnataka is still in force as the disptue between builder and landowner hasn't settled.We went and filed an EP and the builder appeared and said he is ready to register.Stateforum failed to notice that the high court non alienation order is still pending and dismissed our EP saying that "since the builder is ready and willing to regsiter the flat ,EP is dismissed.However if the DH is interested in getting the flat registered they are directed to approach the JDR and execute the deed as per the terms of the agreement as directed by this forum in complaint xx/2007."
Our builder says EP is dismissed and i have now pay Rs 40laksh as per the terms of the "sale" agreement.What we contend is that EP dismissed referring to the earlier order not eferrring to the sale agreement.
We filed another EP deteremined to bring to the notice of the state forum that builder cannot register the flat as high court order still in force and praying for the refund as directed by the forum in the decree.
In this regard i need few clarifications from this forum
1.Can the order given earlier by State forum be changed when it comes for Execution Petition?
2.What if the forum fails to consider that builder cannot register the flat as the high court order is still pending.
Builder cannot register the flat as the high court restrains him from doing so.Neither he wants to refund the money.Instead he is putting blame on us saying we are due Rs 40lakhs to him for a flat costing Rs 28.5 lakhs which we already paid.
Please give your valuable suggestion as our next hearing is scheduled for 28/01/2010.
Regards
