• Extra demand on Increased area - Ghaziabad

I hv  booked the flat in ghazibad now on possession  builder is asking for following , 

-VAT tax ( is this legal to collect vat from customer ) 
-Increased area - they say have increased area of 228 sq ft ( total super area was 899 sq ft)
and selling to me as dry terrace ( its like a shaft one side is common gallery other side is common entry and my kitchen wall), my question is do i hv to pay the full amount of this dry Terrance or it will come under common area and will be shared to all units in  building.  
Request if some one can please help me to advise a per  by laws what legal percentage of this should be charged to me.
Asked 2 years ago in Property Law from Ghaziabad, Uttar Pradesh
pay only for carpet area and not for super built up area. Builders can't pass on VAT to flat buyers as per Supreme Court judgement
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) if it is mentioned in the agreement, then the individual will have to pay  VAT . If not, the developer can file a case against the home buyer for recovery of the money. Or, he can terminate the agreement.”

2) it is necessary to go through your agreement .you had booked flat as per area mentioned in the agreement . 

3) if builder has increased the area you might as well pay  for the increased area . 

4) in the event you fail to do so builder will not give you possession of the flat . 

5) make payment under protest , take possession of flat and then move consumer forum against the builder for refund of excess amount paid by you
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. You should pay exactly what has been mentioned in the Agreement to be paid by you. Not a single dime more,

2. If he refuses to handover possession of the flat to you for not paying the extra amount, pay the same under written protest,

3. After taking possession, file a consumer case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming refund of the said extra amount illegally collected from you with interest, damage , cost and also direction to register the flat in your name within 30 days thereof.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0

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