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
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
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
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.
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
Both through consumer forum and recovery suit,
Before that complain to RERA, Real Estate Regulatory Authority.
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.
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.
In this transaction builder also charged service tax @ 15% as transaction was made in 2016
service tax is alright, but the service tax paid on excessive amount can be claimed.
Claim the compensation for mental agony
Regards
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...!
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.
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.
If it so, you can approach the consumer forum to recover the excess amount and also for the damages.
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.
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.