Query regarding service tax on flat which is not approved in Noida Extension

Q: Dear sir/madam,

Please help me in getting my amount back from the builder.

Introduction---------------------------------------------------------------------------------------------------------------------------------

I have booked a flat in one residential project in Noida Extension, UP,India in Feb,2013. The builder office is in Delhi. I have made 20% payment(amount is around Rs.6,50,000.This include the service tax of around Rs.21,000).

Till now builder has not made builder buyer agreement.After forcing him to give the BBA, the builder said that the booked flat is not approved by greater noida authority.Builder insisted me to take another flat in some other tower which is approved.Builder has put me in dark till now.

After this fraud i decided to cancel my booking and given the cancellation request.Builder is saying that the amount will be refunded after deduction of the service tax which was already paid by me.

Query-----------------------------------------------------------------------------------------------------------------------------------------

(1) If the flat is not approved by the greater noida authority then is it possible to deduct the service tax?

(2) Can i get back my deducted amount?

Please help me.

Thanks,

Gautam