Complaint Details

Status	:	Closed
Complaint No	:	0002398/2012
Category	:	Real Estate
Date	:	10-10-2012
Subject Line	:	OVERCHARGING VAT ON PURCHASE OF
Complainant	:	RONALD DSOUZA
Address	:	403, Salvation Apartment C.H.S.Ltd, N.M.KALE MARG, DADAR-W
Complainee	:	VIMAL BUIDERS
Address	:	EVEREST HOUSE, 18TH ROAD, CHEMBUR-E

Complaint Details
I would highly appreciate if you could guide and confirm if the quantum of VAT demanded by my Builder(VIMAL BUILDERS) is correct and according to rules and guidelines.

I had purchased a “READY” flat from VIMAL BUIDERS in Jasmine Bldg, Everest Countryside, Kasarvadavli, Thane-West 400601. The flat was booked on 01/03/2009 and the following payments were made to the Builder:
1. Pay Order No. 001656 dated 12/03/2009 drawn on Union Bank for Rs. 5,00,000/-
2. Pay Order No. 001767 dated 04/05/2009 drawn on Union Bank for Rs. 18,39,000/-
3. Pay Order No. 001996 dated 10/08/2009 drawn on Union Bank for Rs. 30,266/-
4. Pay Order No. 001995 dated 10/08/2009 drawn on Union Bank for Rs. 3,83,804/-
5. Cheque No. 002666 dated 22/08/2009 drawn on Union Bank for Rs. 11,500/-

TOTAL AMOUNT PAID TO THE BUILDER WAS Rs. 27,64,570/-(Twenty Seven Lakhs Sixty Four Thousand Five Hundred Seventy)
POSSESSION LETTER WAS GIVEN ON 17/09/2009
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The Builder (VIMAL BUIDERS) compelled me to sign a “Declaration – Cum – Indemnity” stating that, I pay 5% of the total sale consideration of the flat, details are as under;
a. Flat Cost Rs. 25,92,169/-
b. Development Charges Rs. 8,310/-
c. Infrastructure Charges Rs. 41,550/-
d. Solar Water Charges Rs. 20,775/-
e. Grill Charges Rs. 11,500/-
TOTAL SALE CONSIDERATION : Rs. 26,74,304/-(Twenty Six Lakhs Seventy Four Thousand Three Hundred Four only)

The “Declaration – Cum – Indemnity was made on 02/02/2011 and I was compelled to put Rs. 1,33,715/-(One Lakh Thirty Three Thousand Seven Hundred Fifteen), in a Fixed Deposit with HDFC Bank with a lean on the Builder (VIMAL BUILDERS) who are at liberty to withdraw the money whenever they require. I was also asked to sign a consent letter in advance to release the Fixed Deposit.

Kindly advice if the Vat amount charged by the Builder is correct and what steps I could take to prevent the Builder from overcharging me in this regard. I would appreciate your early response and I would also like to thank you for any advice that you offer as the matter is of great importance.
Sorry for all the inconvenience caused and awaiting an early reply from you.

RONALD DSOUZA

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