My builder has sold a flat to me claiming he has got neither occupancy nor completion certificate in June 2018. The same is written in my registered deed and basis this he has taken GST. However, 1 year later he came up with a OC from the municipality dated Sep 2014 claiming that he did not know if this document was valid since the municipality changed from Rajarhat-Gopalapur to bidhannagar and hence he claimed GST. Also, the the director to whom the OC/CC was issued resigned from the company in year 2010 where as the building plan itself was passed on 2011. The financial reports from builder in 2017 also suggests that the building was not complete in 2017. I had asked builder for explanation on all these. However, he is providing none and suggesting that he will assist me in mutation and once done I should have no problem. To me all this looks a big fraud since the information in deed and OC are in contradiction. OC is issued to a person who was not a part of Company at that time. I had asked builder to Rectify my deed Return GST saying that he has paid GST to Government and I can see proof. However, as I understand I should not paying for his mistake I am not sure if I should go with mutation with all these incoherent information and what will be the validity of the mutation and the deed even if I do because of all these inconsistencies. I am fearing legal issues in future while reselling because of these wrong information What should I do?
OC may have issued for old constructions. Have you purchased the under construction, re develop construction or ready to move ?
No impact on mutation. You can go ahead for it. Why you are worrying, if it forged, builder only will be responsible as he has provided it.
Mutation dose not confer title. You have registered sale deed, perfect ownership proof.
You should get mutation di r in your name
2) OC has been obtained by builder . It must have been issued in firm name or company name for your building . Resignation of director would not affect validity of OC
3) fraud if any has been committed by builder and you would not be held responsible
To clarify more when I had purchased the builder told that it is under construction and hence he mentioned that the OC/CC is not present while registering the deed in 2018. However, later in 2019 he came up with the CC which was back dated for 4 years(CC date was 2014). It is a single OC/CC for the whole construction. Consequently this now made registered deed contain a falsified information which mentions that OC was not present in 2018. Also, since the OC was present in 2014 and I purchased in 2018 as I understand I should not be paying GST. The OC is definately in name of the company but the director name it mentions was not part of the company. when the building plan was submitted or passed. Even the address of the company is not matching.
Ask builder to refund GST collected by him as no GST was payable if OC had been issued
2) sale deed should be rectified to correct the mistake
Dosen`t matter whether he was director or not. OC/CC issues to property and to owner. You have executed sale deed on wrongs fact. Totally wrong, it was not the under construction property and uselessly paid GST for own wrong declaration.
Since the GST is paid now so ask him to provide fresh OC/CC.
You can get it clarify the same through RTI from the Corporation or authority issuing OC. Then only you can determine the facts
This builder is a fraud and can not be relied on as far as excess payment is concerned.
Once OC is issued the date appearing on the OC/CC alone is a date of completion of the project and change of Municipal Authority has got no nexus with it.
If the builder has not made the sale deed as yet then ask him for doing so.
Otherwise file a case before the consumer forum.
1. Your problem as I understand that you have mentioned in your sale deed that no OC/CC has been issued in connection with the flat bought by you whereas you came to know later on that OC was already issued. Apart from the above your next problem is that the builder has deceptively taken GST from you which is not payeble by you. You also do not know whether he has paid the GST to the authority or not.
2. Rectification for the said misstatement in the sale deed by registering a rectification deed is the best method in the instant case but the Registrar might not agree for waiving the registration Fee to be charged again. Today in similar case where the buyer had mentioned herself as Indian when she is an American Citizen with OCI Card the Registrar has refused to register a rectification Deed and finally I could manage to convince him to register a deed of declaration correcting the said error. You shall have to follow the same step.
3. Regarding return of your GST, file a complaint cae before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice claiming refund of the GST amount with interest, damage and cost.
4. You can also lodge a police complaint against the said builder for cheating you.
1. The OC was applied by the company represented by its director at that time. So, it is valid OC issued in connection with completion of the flats.
2. Get the rectification deed or deed of declaration registered rectifying the incorrect statement mentioned in the Sale deed and act as advised in my earlier post.
From your contents it can be inferred that the builder is into some mischief and a grave mistake or fraudulent act.
There are lot of inconsistencies between the OC and other relevant documents.
There is no necessity for granting OC to some other person who has nothing to do with this property.
From your contents it can be seen that there are various irregularities persisting in this which may bring trouble to you at a later stage.
It is better that you get everything clarified and set the things legally right or seek for cancellation of the registered sale deed and return your amount with interest.
You may even resort to legal action against the builder by first issuing a legal notice to him demanding the rectification of all those irregularities observed by you.
After that you can drag him to consumer court for relief and remedy.
It appears that the builder is playing fraud on the buyers and had sold the properties with false information with intentions malafide.
You may initiate legal action to rectify all the errors committed by the builder by dragging him to consumer court.
1. You can go ahead with mutation and
2. Insist builder for execution of rectification deed mentioning all correct information.
