Complaint Details

Status	:	Closed
Complaint No	:	0002465/2012
Category	:	Real Estate
Date	:	27-10-2012
Subject Line	:	Unfair Demand for MVAT
Complainant	:	Urjit N Desai
Address	:	B2/106, Yellow Blossoms, BT Kawade Road, Pune. 411001.
Complainee	:	Raviraj Grroup
Address	:	1-5, Millenium Star Building, Nr. Ruby Hall Clinic/Hospital, Dhole-Patil Road, Pune.

Complaint Details
Dear Sir/Madam,

I am a purchaser/customer of a flat in Yellow Blossoms scheme of Raviraj in Pune. The builder is asking for MVAT@ 5 % without any basis as per my understanding as follows:

1. No VAT breakup provided
2. VAT tax invoice/bill not produced as per the MVAT act as told by Akhil Bhartiya Grahak Panchayat, Pune.
3. No mention of litigation with govt over MVAT in articles of agreement. The same was not communicated verbally as well. This constitutes unfair business practice at the time of sale. If the dispute with the govt was 2-way and customer was not made party to it making 3-way dispute, how can customer be made liable for outcome?
4. MVAT, as per all govt sources, should be between 0.5 to 3%. Builder is asking for 5 % . I bought the flat in 2009 dated 9-Feb-2009 agreement and got possession in May 2009. The Value-addition done cannot exceed 1%.
5. As per Akhil Bhartiya Grahak Panchayat, Pune, VAT matter is sub-judice with Hon High Court; hence no harsh demand notice can be issued with legal procdeedings. See attachment Page 001 and 002.
6. I have 95.97 sq.feet shortfall in carpet area as per govt-approved valuer. See attachment where carpet area is 644 against 740 in agreement. I have a clause in the agreement that, if there is shortfall in carpet area, builder will refund the amount pertaining to same; but builder now chooses to ignore the matter saying there are multiple ways to measure carpet area. The carpet area difference can easily offset VAT @ 5% and I will be entitled to a Rs 226000 refund.

Pls do the needful to address the above since the builder is threatning with legal consequences in the notice.

Pls advice on next steps.

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