I have a bought a under construction flat in August 2005 for EBR enterprise. I did my stamp duty and registration in 2005 itself. The law of VAT is only applicable for all purchase post June 2006.
The builder was supposed to handover the flat in October 2006 but the construction was delayed and he gave the possession in September 2007. Furthermore during the time of possession he refused to give the flat keys unless we gave him an undated cheque of Rs. 1 lakh 8 thousand as a security deposit since the case was in court for VAT issue.
In October 2012, the builder sent us a letter saying we need to pay 27,000 as the vat amount. Since the amount did not match we did a stop payment for the cheque which was issued in 2007.
Furthermore in response to the builders letter we sent them a reply saying we are not liable to pay the amount since our house registration was done in 2005 and to give us the details of the amount paid to the goverment and how he has derived at the said figure. The builder never responded to our quires but instead submitted the cheque in the bank in march 2013.
Now he has filed a case against us on 138 B for cheque bouncing and a summon has been issued to be present in the Borivili court on 25th July.
Many flat owners have out of fear paid him the amount and over and above has charged an amount of rs 15000 on each notice and letter sent by them.
Can we fight the case by ourself and what should be our strategy.
Thanking you in anticipation.
Arun
