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shankar (self)     16 June 2012

Delaying flat possession


My Name is Shankar and I have purchased a FLAT in HLF builder in Bangalore on 1st floor with the Built up Area - 1374 Sq.ft and SBA 1650 Sq.Ft.

My Agreement was done -  21 st ,Jan, 2010
Possession Date As per Agreement - Dec,2010
Current Situation - Not yet giving the Possession Date.

A TRI PARTIE Agreement i.e BUILDER, MYSELF and SBI BANK in Jan 2010 was done, Till Date my all EMIs are going correctly around 40K / month
We had only “Agreement To Sell” done and did not had any "Construction Agreement". So my sale agreement says to pay 51,11,500/- (Total)- According to the FINAL Cost Sheet and it has break up as - 
Breakup of 51,11,500 is  :
49,11,500/- –> is towards(Basic Price+1 Covered Parking + BWSSB and KEB + Club Membership)
  2,00,000/  –> is towards(Registration + Stampduty) - Yet to be paid to the govt, as I am waiting for registration.
Further Breakup of 49,11,500 is  :
24,36,500/ -  –> is towards component of undivided interests of Land AND
24,75,000/-  –> is towards Apartment and Other Facilities.

Disbursement to the builder from bank are as below -
2-Jan-2010 -    2 L - Cheque
17-Jan-2010 -  3 L - Cheque
12-Mar-2010  22 L - SBI gave 
21-July-2010 -75,924 - SBI gave 
31-july-2010 - 18.9 L - SBI gave
Total Amount Paid till date is - 46,65,924/- 

Pending Amount of (i.e. 2,45, 576/-) + Registration and Stamp Duty.

My agreement says only to pay 49,11,500/ + (Registration+STamp duty+ Maintenance Charges). Now  I am asking for registration of the flat and the builder is asking to pay extra Govt. Levies@ 6.5% of 49,11,500 (i.e 3,19,248/-) + late payment charges of(Rs 2,06,628/- @ 24% per Annum on the outstanding Amount that i delayed). This delay charges are because disbursement got delayed from BANK. The builder did not send any  demand letter to the bank to disburse the amount and there was no progress in the construction. There are no amenities ready like swimming pool, lift, Gym, Club House, Parking Slot, Hi-FI DG set, Sewage Plan, Electricity lines coming into the premise and the builder is also asking to pay Maintenance charges before doing the registration.

I Have Following things to ask you - 
1. I didnt had any construction Agreement done, I had only "Agreement To Sell" done, but still am i liable to pay VAT and ST?They are charging me 4% VAT and 2.5 % Service Tax (i.e. 6.5%) <Should i Pay this>?
2. They are asking me to give a letter saying i have some financial problem and they will waive off this 6.5 %. <Is it OK to give this letter via EMAIL>? 
3. The Possession Date is not unique for ALL 130 Flats, Can it be different? As the construction started in 2005- 06 and there are few cases gone on Consumer Court? How does this helps me?
2. The possession is not yet given, But seems like it may take 3 months from now on. <Do you want me to still wait for this, Pay the due amount then file the case OR else i should file a complaint now?>
3   Do I get compensation from Consumer Court, if i go there for Mental harassment/ Egony? If So how much I will get?
4.  My Wife was carrying and i went really through Vain which cant be expressed, it has impacted on my kid too and this has put me more in stress.
5.  How much time will it take to settle this in consumer court ? I am in Bangalore now.
6.  And does Consumer Court gives decision to take Possession, I heard from some people like it doesnt do that? <Is this true>
7.  The receipts which they had issued me earlier didnt had VAT number on that and on request to they dont Provide me the VAT number, Is this OK?
8.  I got clarified from TAX dept that builder comes under COT system "Composite Tax Payer" and  he has given the construction to 3rd Party<Do i need to Pay any Taxes, if So can you please tell me How much should I Pay VAT and ST for this>
9. Can i file a Case on "Fraud" under IPC section 420, As he has mentioned about  minimum  amount 50K in Cost Sheet break up, But now why the builder is now referring to some clause in my Agreement and asking to pay extra   Govt. Levies@ 6.5% of 49,11,500 (i.e 3,19,248/-) at the time of registration and delaying the registration process ? Why he didnt do that at the time of Booking? <My question is Why this huge figure was NOT CLEARY SHOWN In the COST sheet as these were 
prevailing TAXES and the builder would arrived to these figures earlier itself?
Note - Govt Levies 6.5 % clarification was given after several requests and phone calls - After sending lots of email to him was clarified saying it is VAT and ST, which is not mentioned in my agreement.
10.  If i am Liable to PAY any VAT/ST under any section, Then can you please let me know the TAX calculation as of today, I didnt get these figures despite meeting the TAX officers in Bangalore offices. The just generalize the statement and give it.
          a.  if the Builder is "Composite Tax Payer"  then - Under Section - 15 KVAT - What should
               be the Amount of Tax to be Paid by Me ? < I want this in figures>
          b.  If the Builder is under "Regular VAT" method @ 12.5% - - What should be the Amount of
               Tax to be Paid by Me ? < I want this in figures>

Thanks in Advance for Helping, Please provide me the inputs and based on this i would go accrodingly.

Shankar S


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