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Ownership and fraud by builder

(Querist) 14 December 2011 This query is : Resolved 
i have booked a flat and shop together @ of 1200 and 1500 respectively in virar 2 yrs before.one mistake i did is that i have neither made the agreement copy niether taken the scheme of bifurcation for shop or flat.
now due to rise in markwt rate the builder is trying to harass us when we are asking for registration. i hav made full payment for flat ,shop,and registartion chrges is also paid. now he is asking to pay the sales tax @2.85% before he can register. i have made 6 lacs payment in chq and balance 6 lacs in cash. i have only payment receipt.
plz help and guide what to do for my beleiving on this builder and made payment as n when asked. do there is any act to help me.
it is quite urgent please help!!!!!!!!!!!!!
Devajyoti Barman (Expert) 14 December 2011
If the builder is unnecessarily harassing you to make the registration then you can go to the Consumer Forum and ask not only for registration of flat but also for compensation.
V R SHROFF (Expert) 14 December 2011
I agree with Devajyoti.

Try get registration, before you start litigation. , even at cost of paying marginally high.
Raj Kumar Makkad (Expert) 14 December 2011
I do not agree with both the experts. You are 'fool' who has believed upon 'smart' builder and have not got executed any agreement even after paying a huge amount.

I think it is your good luck that he is still admitting you as buyer of flat and shop. You do not miss this chance and pay him service tax (which is mandatory to be paid but its rate is 2.5% and not 2.85%).

You fully cooperate with him so that he may also do needful. Get ensure earliest registration of your property.
ajay sethi (Expert) 14 December 2011
yes you have parted with rs 12 lakhs . if buidlder is demanding service tax pay the amount , get agreement registered in your name . consult a local lawyer after registartion .
prabhakar singh (Expert) 14 December 2011
I agree with M/S raj kumar makkad & ajay sethi
Devajyoti Barman (Expert) 15 December 2011
The oral agreement is as good as an agreement in writing.
I am baffled to think how in absence of an written agreement the buyer may loose the property specially when there are ample proofs of payment of consideration money.

A lot of cases regularly disposed of by the Consumer Forum of this nature solely on the basis of payment receipts.

Else why on earth one person would pay lakhs of rupees to a builder.

I hope to see further comments of the experts who think otherwise.
Guest (Expert) 15 December 2011
Agree with Shri Raj Kumar Makkad. But, ask the builder to give you receipt for sales tax.


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