Purchase of flat in mysore karnataka
3 weeks ago
I purchased a flat in mysore with super builtup area 1010 sqft builder's share 2 yrs back and our buider has not yet submitted the necessary documents including CR / CC and OC and now the tax has been generated with unlawful tax (tax 4273+ cess+ 4273 unlawful tax) under KMT ACT SECT 112C. What does this section mean???
A.Dear Client,
If you've bought a flat and encountered issues due to unlawful construction or reconstruction without proper permissions, you should request the Builder to comply with the Order passed under Section 112C of the Karnataka Municipal Corporations Act, 1976. If the Builder fails to address the issue despite your efforts, you can take legal action.
Firstly, if the housing project is approved by RERA, the Builder can be held accountable for any deviation or deficiency in service. You can serve a legal notice and file a complaint with RERA for compensation for the deficiency in service.
If the matter remains unresolved, you can file a collective complaint with other affected flat owners under Section 31 of the Real Estate (Regulatory and Development) Act, 2016, or file a complaint with the Consumer Court under Section 35 of the Consumer Compensation Act, 2019. This should be done within two years from the date of the cause of action.
It's important to note that you cannot simultaneously raise your complaint before both the Consumer Court and RERA for the same cause of action. Additionally, you have the option to file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief.
If you've bought a flat and encountered issues due to unlawful construction or reconstruction without proper permissions, you should request the Builder to comply with the Order passed under Section 112C of the Karnataka Municipal Corporations Act, 1976. If the Builder fails to address the issue despite your efforts, you can take legal action.
Firstly, if the housing project is approved by RERA, the Builder can be held accountable for any deviation or deficiency in service. You can serve a legal notice and file a complaint with RERA for compensation for the deficiency in service.
If the matter remains unresolved, you can file a collective complaint with other affected flat owners under Section 31 of the Real Estate (Regulatory and Development) Act, 2016, or file a complaint with the Consumer Court under Section 35 of the Consumer Compensation Act, 2019. This should be done within two years from the date of the cause of action.
It's important to note that you cannot simultaneously raise your complaint before both the Consumer Court and RERA for the same cause of action. Additionally, you have the option to file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief.
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A.Dear Sir,
You have to go in Appeal to the concerned forum and also bring pressure on your builder to comply remaining formalities.
You have to go in Appeal to the concerned forum and also bring pressure on your builder to comply remaining formalities.
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A.Dear Client,
Section 112C of the Karnataka Municipal Corporations Act, 1976 deals with the levy of penalty on property tax on unlawful building. According to Sec.112C(1) of the Act, whoever unlawfully constructs or reconstructs any building or part of a building on his land without obtaining permission under this Act or in contravention of any condition attached to such permission shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building, so long as it remains as unlawful construction without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction, Provided that such levy and collection of penalty shall not be construed as regularisation of such unlawful construction or reconstruction. As per Sec.112C(3), Notwithstanding anything contained in sections 61A, 62 or 444 any person aggrieved by the determination of penalty under sub-section (2) may within thirty days from the date of receipt of the order appeal to the prescribed authority whose decision thereon shall be final. (4) The prescribed authority may after giving a reasonable opportunity of being heard to the Appellant and the corporation pass such order as it deems fit. In the given scenario, you being a buyer of the flat should ask the Builder to comply with the Order passed by the authority under Section 112C of the Karnataka Municipal Corporations Act, 1976 failing which if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint collectively with other flat owners who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. Or else you all can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice to the Builder claiming compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action and for the continued cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Apart, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. If required, you can avail of the service of an Advocate to resolve the matter in the right way.
Section 112C of the Karnataka Municipal Corporations Act, 1976 deals with the levy of penalty on property tax on unlawful building. According to Sec.112C(1) of the Act, whoever unlawfully constructs or reconstructs any building or part of a building on his land without obtaining permission under this Act or in contravention of any condition attached to such permission shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building, so long as it remains as unlawful construction without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction, Provided that such levy and collection of penalty shall not be construed as regularisation of such unlawful construction or reconstruction. As per Sec.112C(3), Notwithstanding anything contained in sections 61A, 62 or 444 any person aggrieved by the determination of penalty under sub-section (2) may within thirty days from the date of receipt of the order appeal to the prescribed authority whose decision thereon shall be final. (4) The prescribed authority may after giving a reasonable opportunity of being heard to the Appellant and the corporation pass such order as it deems fit. In the given scenario, you being a buyer of the flat should ask the Builder to comply with the Order passed by the authority under Section 112C of the Karnataka Municipal Corporations Act, 1976 failing which if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint collectively with other flat owners who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. Or else you all can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice to the Builder claiming compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action and for the continued cause of action. It may be noted that you cannot raise your complaint/claim simultaneously before the Consumer Court and RERA for the same cause of action at a time. Apart, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. If required, you can avail of the service of an Advocate to resolve the matter in the right way.
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