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anamika (psychologist)     12 April 2014

Consession on penalty

Respected lawyers

My father is a retired person from govt service. He has no income other than 1500 rs monthly income from delhi govt. We have no other family income. My father bought a LIG GUJARAT HOUSING BOARD FLAT from first party five years ago. At that time few installments were due with penalty.  Now we received a notice from guj housing board to give due installment worth rs 65820 with penalty around one lakh ninty thousand. Total amount with other charges they are asking is around 272000 i.e. two lakh seventy two thousand. There are lots of cases like us . Our society also made a case regarding high penalty in guj. High court but couldnot win the case. Acc. To guj housing board officers we are having penalty of 2000 rs monthly. Now my father has submitted all due installment amount of rupees 65820 but not able to pay penalty. One agent told us that one officer will close our file by giving NOC and final registry of the flat in 200000 i.e two lakh rupees instead of two lakh seventy two i.e 272000. We r not able to understand how he will do it. Is there any method to get concession on our penalty. Please suggest my father how he can get maximum rebate on penalty .will he be able to get rebate if he shows the proof of only pension worth 1500 in affedefit. Ple.........ase suggest how we can get rebate on our penalty. 



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 6 Replies

Dr J C Vashista (Advocate)     12 April 2014

It is not a legal query. Bargain, pay and enjoy the property

1 Like

Advocate Ravinder (Advocate/Attorney)     12 April 2014

Follow the advice of Vashista sir, 

 

As you said that “There are lots of cases like us . Our society also made a case regarding high penalty in guj. High court but couldnot win the case”  it is better to pay some mamul (bribe) to the housing board staff/officials and get it done.  Because putting penalty and other charges are purely in the discretion of the Board staff/officials.  If you have further doubts pl contact me 7893011777, ravinder2345@gmail.com.

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

If the Board decides to waive off the penalty amount to a certain extent based on the genuineness of the case, it would be better to negotiate with the authority to strike a better deal and settle the issues as per the agreed terms, hope the authorities will come down to reduce the penalty aspect and using discretion, the amount may be reduced, try that option.

1 Like

anamika (psychologist)     13 April 2014

Lots of thanx for the guidance. This is looking he only what I wish to know. Sir please tell me how could I prove my genuineness. If I prepare affidavit by showing pension of my father worth 1500 rupees monthly. Will it wok . My brother has just started his business and having no profit loss at this initial stage. If we give the proof of his bank accounts will it be consider. Please help me to know all these things. Eagerly waiting for or reply. ANAMIKA MATHUR

anamika (psychologist)     13 April 2014

Lots of thanx for the guidance. This is looking he only what I wish to know. Sir please tell me how could I prove my genuineness. If I prepare affidavit by showing pension of my father worth 1500 rupees monthly. Will it wok . My brother has just started his business and having no profit loss at this initial stage. If we give the proof of his bank accounts will it be consider. Please help me to know all these things. Eagerly waiting for or reply. ANAMIKA MATHUR

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

Do not do the mistake of showing your brother's business or income through business whether profit or loss.  Even your father's income also can be shown from the pension records alone, you do not have to go for an affidavit.  With the available information, project your financial inability and very weak economic back ground and negotiate the penalty payment to a maximum low level, it requires your skill to project your helplessness.  Better adopt yourself as per the prevailing situations at your end.

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