anirban bhattacharjee (Service) 10 June 2016

Possession of flat

Dear Experts,

I have entered into a sale agreement with my builder/developer in March,2015 intending to purchase an undercontruction flat in a residential complex consisting .In the sale agreement it was mentioned that the total consideration amount doesn't include service tax and service tax will be paid extra if applicable.

Agreement says that possession will be given on receipt of 95% of total consideration amount and registration will be executed on receipt of 100% of total consideration amount.

But,the developer now says that he will not provide possession letter unless the service tax amount received evenafter paying 95% of the total consideration amount without service tax.

Kindly advise on the options available for me to get the possession.

Regards,

Ani...

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4 Replies

adv.bharat @ PUNE (Lawyer) 10 June 2016

Make agreement to sale by giving 0.25% consideration. The remaining amount will be paid after confirmation of amount by builder.

Kumar Doab (FIN) 10 June 2016

In other threads you have mentioned that 'Service Tax' is not to be paid.

anirban bhattacharjee (Service) 10 June 2016

Kumar Sir.

Service tax will be paid extra if applicable but the total consideration amount does't include service tax.

So,how the possession is denied by the developer?

Regards,

Ani.

anirban bhattacharjee (Service) 10 June 2016

Bharat Sir,

I have already made an agreemnet in Mar,2015 and paid 95% of the total consideration amount (without service tax) as per payment schedule but developer has denied me the possession violating sales agreement which says total consideration amount doensn't include service tax.

Now what shall I do to get the possession?

Regards,

Anirban.