IS GST applicable

Q: Hi ,
I bought a flat with reputed builder, but the property is not registered under reara ,It was in prelaunch and he took the 20% without the contract was ready , then they asked for 85% within 6 months and then for 15% work they took 2 years , the possesion was in August 2017 but even after saying project is goign very fast to collect the 85% money they moved to grace period and by then GST came in picture , they applied for OC on APRIL 2017, as per my understanding the OC is only applied when property is complete an hence GST should not be applicable , but these guys are saying that GST is applicable on full 15% . Is it legal and where I can approach to complain the same? Is going to consumer forum will help? they are asking 230000 extra ,

Ajay Pandey,

23rd June 2018

Legal in Salarpuria Sattva Laurel Heights, Hesaraghatta, Bangalore

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Replies (3)

Have they completed the project or still-under-construction? Have they got OC? If not then how can they ask for the rest of the 15% amount? You have a very strong reason to file a case for deficiency of service against the builder and ask for the compensation.

Girish Gupta, Bangalore

26th June 2018

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How did you pay 20% token amount if the project was in pre-launch phase? You must know that every new or ongoing project have to be registered with state RERA authority. In absence of RERA approval, a project is considered as illegal. Even govt is spreading the benefits of RERA every time but still people like you unaware of its benefit. It is not your fault so you do not need to pay any more amount to the builder and file a case with your state RERA Authority as well as in your local police station for cheating and misleading.

Milind, Bangalore

26th June 2018

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Hi Ajay,
Yes, you can file a suit in consumer forum as well as with your state RERA authority. Just sen him a mail and ask for the clarification on your issues within 15 days. If you are not getting any proper response from the builder, then use the soft copy of your mail along with payment receipt you have got at the time of booking the apartment. Your first priority should be state RERA authority.

Harsha Mahipal , Bangalore

26th June 2018

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