This query is : Resolved 

Online (Querist)
15 September 2009

I have purchased a flat from a developer.
As per mutual (partly) and written agreement the cost of acquisition was Rs. 5,84,109/- (Rupees Five Lacs Eighty Four Thousands One Hundred and Nine Only) including Registry Fees, Stamp Duty, Lawyers Fees and Extra Works.
I have made payment of Rs. 5,94,025/- .
After calculation I saw that I had paid and issued excess amount against the cost of acquisition that’s why I withdraw all my amount from my saving bank account and one of the issued cheque of Rs. 25,000 was dishonoured due to insufficient balance.
We request the developer many times over the phone that please come and show me the proper statement of account but he did not respond at all.
But after a long time his advocate send me a Demand Notice of Rs. 25,000 along with the Interest @ 24% and threatened me that if I don’t make payment then they will file a case U/S 420 I.P.C.
Statement Showing Details of Transaction relating to Purchase of Flat

Particulars Amt. Amt. Amt. Amount
Cost of proportionate Plot @ Rs. 725/sq.ft. 514,025
(622 Sq.ft. + 14% super builtup (87 sq.ft.) = 709 sq.ft.
Cost of Registry 43,704
Stamp Duty 36600
FeesandStandardUserCharges 6905
Standard User Charges 199
Lawyers Fees 5,00
Cost of Extra Works 21,380 584,109 Self. Cal. Dev. Cal.
Electricals Switches 2550 3400 Dhalai[(112-35.45 Sq.ft.)=76.55 Sq.ft. @ Rs.165/sq.ft.] 12630 12630
Reserve Tank Water Line - 1500
Basin Water Line 1500 1500
Windows - Marble works 20 sq.ft. @ Rs. 70/sq. ft. 1400 1400
Black Stone with Materials 16 sq. ft. @ Rs. 25/sq.ft. 800 800
Tiles with materials (34.58 sq.ft. @ Rs.25/ sq. ft.) - 865
Gyser Line 2500 4500
Engineering Charges for Measurement of Flat - 1500
21380 28095
Date Paticular's Amount
7/5/200 Cheque 25,000
23/05/2007 Cheque 25,000
3/8/2007 Cheque 25,000
3/8/2007 Cheque 25,000 21/07/2007 Cash 25,000
28/07/2008 Cheque 14,025
29/07/2008 Cheque 400,000
30/07/2008 Cash 7,000
12/8/2009 Cheque 23,000
4/9/2008 Cheque 25,000 594,025 Total Excess Payment (9,916)


Manish Singh (Expert)
15 September 2009

thi shall not be a case of 420 if you havent cheated them with any paper work under your transaction.
at the most, they can file a complaint under sec 138 of negotiable act but herein also, they will not suceed if you show & prove to the court that no libility exists on your part to pay that rs. 25,000. you can how that by producing relevant documents. no need to worry if you are lawful on your part.riven

Adinath@Avinash PatilOnline (Expert)
15 September 2009

There is no existing legally enforciable libility. Please go through my reply for you query emergency.your developer will not succeed.riven

Sarvesh Kumar Sharma Advocate (Expert)
15 September 2009

repeted qyery?/riven

Sarvesh Kumar Sharma Advocate (Expert)
15 September 2009

give the proper answer of that notice.
file a consumer case for that the developer is not showing u the proper statement of account and he did not responding at all.and alsodeman excess amount which u give him more.
developer is also cheeting u so u file a case u/s-420 ipc against him.riven

Raj Kumar MakkadOnline (Expert)
15 September 2009

Doubly posted. Reply submitted earlier is sufficient.riven

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