• Overcharging of transfer fee

I have purchased a flat from original allottee and got it registered in my name through builder .Builder overcharged the transfer fee in violation of the original buyer agreement.Can i claim the refund of excess fee through consumer forum.
Regards
Siddhartha
Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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18 Answers

1) builder cannot recover transfer fee when he has already sold the flat to the original buyer

2) on resale of flat by original buyer no transfer fees are leviable

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

Transfer fee over and above what was prescribed in the agreement, could not have been charged.

Seek recovery of the excess fee paid by means of a legal notice.

If the legal notice falls on the deaf ears of the builder and he fails to do the needful, approach the consumer forum.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Yes you can claim the excess fee charged through the consumer forum

Send a legal notice

contact a local lawyer

claim the fee on litigation

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Both through consumer forum and recovery suit,

Before that complain to RERA, Real Estate Regulatory Authority.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

I am nos sure why and how the builder has charged anything from you.

If this the relief flat made after re conveyancing then the builder is not expected to recover any money from your end.

So please make clear on this account so further advice can be given.

Devajyoti Barman
Advocate, Kolkata
23220 Answers
514 Consultations

In this transaction action the builders may not come under the purview of service provider. So you may approach the civil court to recovery of the excess amount paid by you to the builder.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

service tax is alright, but the service tax paid on excessive amount can be claimed.

Claim the compensation for mental agony

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Service tax was payable by you

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

Yes, but for that you should have some evidences in your favour like bank statement or an acknowledgment slip.

If you happen to have any oral evidence then I must tell you that it is of no use.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5476 Answers
13 Consultations

You are liable to get a refund of both, the excess fee paid by you and the tax component paid on the same.

Please let me know in case I could be of any help in drafting this legal notice.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

than rate will apply, check what was it at that time.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Hi.you can approach the district consumer forum for asking the refund alongwith compensation ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

The transfer fee is based on the transfer price of the property.

The service tax on the transfer fee was 15 percent till June 17.

If you have grounds for excess fee yes you may go to consumer forum.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

If it so, you can approach the consumer forum to recover the excess amount and also for the damages.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Yes you can claim for refund of excess fee through consumer forum.

1.service tax cannot.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Since yo have agreed to pay the excess amount while agreeing to buy the property, you may not have any case against the builder at this stage.

The builder buyer agreement may say a different tale, since these things have been sorted before purchase, you may not have any case against builder at this stage.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

In this transaction builder also charged service tax @ 15% as transaction was made in 2016

If there are reasons to point out that the builder has charged you excess charges against the norms, you may first send a legal demand notice instructing the builder to refund the excess amount received from you and after that you may drag him to an appropriate legal forum for recovery if the builder is not complying with the demand made.

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Yes

Sapna Seth
Advocate, Chandigarh
25 Answers
7 Consultations

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