At times, the buyer may be duped by the builder / seller concerned who may have promised a gamut of amenities, features or likewise at the start of construction. But at the time of handing over the unit to the respective buyer, there are several unfulfilled promises seen by the home buyer. These can vary from being an illegal property to poor construction quality to not providing the promised amenities within the said project. As a result, the buyer feels cheated. Hence, to avoid a situation like this it is better that buyer’s do a detailed check of the property they are going to take for possession.

Before taking the keys from the builder or an owner, make sure that you have received the original documents and photocopies of all the essential documents from the builder/owner.

Check if the lifts, if any, are in the working condition especially if your unit is higher up. Besides this, you also need to see if the common areas are well-lit and have the promised flooring and tiling within it.

Builders promise a plethora of amenities such as swimming pool, club house and gym, to name a few, at the time of booking. However, it may happen that some of these may be delayed, or not in a non-desirable condition at the time of possession. If not then, ensure that these amenities are made available as per the agreement later on.

While a buyer may have gone through the necessary documents and may have done a site visit before buying a property, it is important to be doubly sure that everything is in place as expected. This simple checklist will help you have peace of mind before occupying that dream home.

As far as the judgement referred by you it pertains to a period before July 2012. From July 2012, a radical change was introduced in service tax wherein all services except certain services specified in the Negative List, were subjected to service tax. However, even from July 2012 and till date, the Act and Rules pertaining to service tax do not contain any provision for exclusion of value of land.

Anticipating an appeal by the Central Government to Supreme Court, builders are likely to continue charging service tax from buyers because in case the Supreme Court rules in favour of the revenue then the builders would be required to pay service tax along with interest. In a scenario where such tax has not been collected by them, the same would be a cost to them along with interest.

1) builder can issue possession letter only after issue of OC

2) if OC is not issued builder cannot offer possession to flat purchasers

3) you are not liable to pay any amount to builder for extra 95 square feet

4) The Delhi High Court recently held that no Service Tax could be charged in respect to the contracts entered into with the builders or developers for the purchase of apartments/flats. In the case of Suresh Kumar Bansal vs the Union Of India, the bench of Justices S. Muralidhar and Vibhu Bakhru observed that the Section 65(105)(zzzh) is applicable for the purchase of units in a complex within the scope of taxable service. However, the service tax will still be applicable on preferential location charges (PLC) levied by a builder. The Court ordered if the developer has already collected the Service Tax on such services, same should be refunded with interest at the rate of 6%.

1) ) builder has to carry on construction as per sanctioned plans . if plans show flat area as 1300 square feet builder cannot arbitrarily increase area by 95 square feet and demand flat owners pay for additional area

2) as per UP apartment act 2010" having a builder buyer agreement &

is mandatory, you are supposed to get the

agreement docuement, registered with authority within 4 months of

execution of BBA.& do ensure that builder buyer agreement mentions

"ALL" the details of l of Terms and conditions plus floor plan,

building plan, material to be used, specifications , amenities and

quality to be provided, common area and its use, built up area, carpet area, date of completion

3) builder can obtain OC for each tower separately

Partial OC is granted to large projects that are being developed in different phases or blocks. ‘’Once a specific phase is completed, the concerned authorities after inspecting the building grants it a Partial OC. Simultaneously, as the next Phase finishes, partial OC is given to that as well and so on. Once the entire project is complete, Partial OC is replaced with one common OC for the entire project.

we are not liable to pay any amount to builder for extra 95 square feet. So my query is

"Do we have any clause (ACT/LAW) in our constitution which prevent builder to perform this wrong doing"

The builder canot demand any extra charges on this count.

there is no rule or law for this. He may asked to quote the rule or law for this extra charges or else you can ask him to settle the matter in court of law.