Violation of stay orders of high court

GR Gupta (Querist) 14 January 2015 This query is : Resolved
The Haryana Urban Dev. Authority had enhanced EDC charges vide their order dated 14.07.2011. The Punjab & Haryana High Court has stayed the operation of these orders on 19.03.2013. The Director General Town & Planning Deptt., Haryana had also issued an order dated 07.11.2013 in which they had stated that 'the Deptt. is not insisting for payment of enhanced EDC from the licencees.'

However, the builder M/s. Vatika Ltd., Gurgaon is insisting flat owners to make the payment of the enhanced EDC for registration of their Conveyance Deed. The above orders have been brought to the notice of the builder but he is not accepting them.

Please advise whether a case of Contempt of Court can be filed against Vatika Ltd., Gurgaon in this matter.

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Guest (Expert) 14 January 2015
Dear Author,The answer would be Yes and Consult your Local Good advocate.

ajay sethi (Expert) 14 January 2015
the builder cannot insist on payment of enhanced EDC charges particularly so when HC has stayed the order of HUDA imposing those charges . pay the amount under protest . register your sale deed then move consumer forum against the builder and seek refund

Rajendra K Goyal (Expert) 14 January 2015
Agree with the advise of expert ajay sethi.

GR Gupta (Querist) 17 January 2015
Dear Sirs,

Many thanks for your valuable advise.

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