Maharera complaint

4 years ago

I have already won the case in Maharera where I had seemed refund of monies paid under sec 18. This includes principal paid, service tax, VAT and Stampduty and Home loan expenses. Interest has been awarded on all the above bifurcations. Now the builder has filed for an appeal challenging the order. His appeal is that he will refund only the principal with interest. All taxes i.e Vat, Service Tax, Stampduty and Loan related expenses he won't be liable to refund since these amounts are not with him. Whatever taxes were paid to him have been paid to the respective authorities. My argument is, Service Tax, Vat is not refundable. Also Stampduty may be refundable but post deduction. Also why would I need to run from pillar to post to claim my refund if any from anyone. The builder has defaulted and he is liable to restore me with all amounts paid. I need a legal opinion/ guidance if what the builder is appealing holds any merits. Can someone share some orders where awards have been granted by either high courts or supreme court in favour of allottee where the builder is liable to refund all charges and expenses incurred by the allottee.