Unfair trade builder
10 months ago
A builder constructed 6 flats and sold all the 6.
All the 6 owners bought the flat under construction and registered the respective flats.
Now the issue is , there is an huge price difference between them about 27 lakhs.
*Flat 1* registered the value of 25 Lakhs.On 8th jan 2021.
*Flat 2* registered the value 52 Lakhs. On 8th Jan 2021.
These above two flats are registered on the *same day* .
*After 3 month* later *Flat 3* registered for the value of 25 Lakhs on april 9th 2021.
Now the *Flat 2* owner want to take legal action against the builder for this unfair trade since it was registered on the same day.
Is that possible.
Please let me know.
Thanks.
A.Dear Client,
From the query, it appears that a dispute is raised between the Flat Owner and the Builder regarding the price or consideration money of the flats which is equal in all respect prices are shown differently bearing the same date of registration and such an anomaly/discrepancy come to your notice after the registration of property in the name of flat owners. It may be noted that the agreed price of all the flats is quoted as 25 L except Flat No.2 whose quoted price is 52 L making a difference of 27 L ( i.e, 25 + 27= 52) in the price of the said Flat. Thus from the nature of the discrepancy it prima facie appears that a typographical error is caused by the person involved in filling the data in the E-Assessment Slip/Requisition required for assessment of the Market Value of the Property based on which stamp duty and registration fees are payable by the Purchaser of property for its registration. In this case, for such a silly error on the part of the concerned person makes the Buyer liable for payment of a huge amount of Stamp Duty and Registration fees for the registration of his Flat. Thus in case the wrongdoer is arranged by the Builder/Promoter, then the Builder/Promoter is liable to refund you the excess amount paid by the buyer on account of Stamp Duty and Registration fees for registration of the Flat for negligence and deficiency in service on his part.
First, you collect a copy of the E-Assessment Slip generated from the office of Registration in respect of your property and get in touch with an Advocate with the Agreement to Sale, Payment receipt and Deed of conveyance for filing a complaint against the Builder/Promoter before the Consumer Court for negligence and deficiency in service claiming the refund of excess amount along with compensation for harassment.
From the query, it appears that a dispute is raised between the Flat Owner and the Builder regarding the price or consideration money of the flats which is equal in all respect prices are shown differently bearing the same date of registration and such an anomaly/discrepancy come to your notice after the registration of property in the name of flat owners. It may be noted that the agreed price of all the flats is quoted as 25 L except Flat No.2 whose quoted price is 52 L making a difference of 27 L ( i.e, 25 + 27= 52) in the price of the said Flat. Thus from the nature of the discrepancy it prima facie appears that a typographical error is caused by the person involved in filling the data in the E-Assessment Slip/Requisition required for assessment of the Market Value of the Property based on which stamp duty and registration fees are payable by the Purchaser of property for its registration. In this case, for such a silly error on the part of the concerned person makes the Buyer liable for payment of a huge amount of Stamp Duty and Registration fees for the registration of his Flat. Thus in case the wrongdoer is arranged by the Builder/Promoter, then the Builder/Promoter is liable to refund you the excess amount paid by the buyer on account of Stamp Duty and Registration fees for registration of the Flat for negligence and deficiency in service on his part.
First, you collect a copy of the E-Assessment Slip generated from the office of Registration in respect of your property and get in touch with an Advocate with the Agreement to Sale, Payment receipt and Deed of conveyance for filing a complaint against the Builder/Promoter before the Consumer Court for negligence and deficiency in service claiming the refund of excess amount along with compensation for harassment.
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