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Can builder deduct TDS unlawfully?- Property Hotline
Posted
December 21, 2016
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December 21, 2016
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5:49Now PlayingExpert: Nirav Jani, Associate Partner at Hariyani & Co.
Question: During pre-launch I met the representative of a developer in Mumbai. Building is under construction. As per construction we were to pay Rs 2 cr. We paid 1 crore rupees from our pocket, Rs 1 crore from bank, subsequently from the loans or self-finance. We got the loan approved but builder refused to make a sale agreement and register it. Even my bank mailed him about the issue. But the builder said that he will make agreement in Month of March or April 2017. We did not agree to this and decided to cancel the booking. There is no agreement between us. Now, he says he will deduct TDS unlawfully and pay when he will sell that flat to another buyer? What is the legal option I have? I have made all payments by cheque. Please advice.
Answer: You must check the provisions of allotment letter. Ascertain Implications of cancellation and date of refund. Conditions of builder are not sustainable in law. Ensure flat is not sold till you receive the payment. These are the legal remedies you can avail.
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