Subhashis Dey
Honorable Lawyers,
I have been charged GST by builder for a transaction where CC had been issued to builder in September 2014 based on notice of completion in September 2014 from builder. I have paid my full consideration between June 2018 and August 2018. Please note that while doing the sale builder did not inform me about existence of CC and hence I paid the GST. This fact is mentioned in the Side Letter as well as my registered sale deed. The builder handed the CC only in June/July 2019 which had a issue date pf Sep 2014. Builder says that he was not aware of the CC for 4 years which is hard to believe as he himself had served notice of Completion on Sep 2014.
On finding out this discrepancy I had approached the builder citing this error and seeking full refund of GST. However, the builder has denied me the refund saying that they have allegedly paid the GST to government and hence will not refund. Claiming that they have paid the GST, builder is asking me to see the GST bills. I do not intend to do any such thing because as I understand , the builder should not have asked for the GST from me in the first place.
I am not sure how to get back my money and if this act by builder amounts to forgery, falsification of document etc. ? If I at all go for a suite how strong will it be?