Advocate Krishnendu Ghosh

Questions Answered by Advocate Krishnendu Ghosh

Q: Demand of GST on ready built flat by the developer is valid?

I have come to an agreement with a developer for purchase of a ready built flat in a apartment.The cc of the apartment is ready.The developer has mentioned payment of GST in the agreement over and above the purchase price. So far I know Service tax/GST is not applicable on cc completed ready flat.Am I liable to pay the GST as denanded by the developer? Where can I lodge my complaint against this.

Advocate Krishnendu Ghosh answered
Hi. As per the information I've, it is clear that GST is not applicable on completed ready to move flats. In this case, it is a completed or ready to move flat. Did you get any Occupancy Certificate after the Completion Certificate by the Developer. Pls check out, if irrelevant lodge a GDE & then to the Consumer Court.

Q: molestation and harassment by boyfreind

I'm a first year Law Student. A boy has been harresting my cousin since two years. Their relationship started 2years ago when the boy intimidated her taking illegal steps like suicide. She was and is still being mentally tortured by him. Whenever she talks about leaving he intimidates her about murdering her, she was disturbed during her exams as a result she failed, I'm worried about her future. We haven't consulted with our family as we are concerned about their status in society. He calls her late night, also calls for meeting and if she refuses he comes at our locality. What must we do? We've tried consoling him but he forcefully wants her.

Advocate Krishnendu Ghosh answered
Hi. First lodge one GDE before ur local P.S. informing the matters to the police of torture & all the relating issues against the boy & warn the boy like fear of police & also ur cousin should try to strict avoid him. If he further try to disturb ur cousin just call the police along with GDE no to arrest the boy. Otherwise he will disturb ur cousin again n again like this.

Q: Possesion certificate and occupancy certificate not being provided

I have purchased a flat on december 2016. It has been completed on july 2017. We have taken home loan. while taking the possesion of our flat,we are asking for occupancy certificate from our builder. He is telling it has been given to XX.Once the loan will get completed,you will get from them. is it true or the promoter is denying to give it to us?

Advocate Krishnendu Ghosh answered
Hi. Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies. OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate. So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.Who can apply for OC? – The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.

Q: I wish to enquire about the Notice u/s 140A cr.pc.

A young, innocent member of our family who is only busy with is office job suddenly served with a notice u/s 420/120B IPC. This case u/a 140A was initiated in Sept,2016 but served after so many days on 28.07.17 from a different PS through our local PS where he is directed to appear before the IO within 3 days. We are all tensed because we think someone wants to humiliate our family by bringing a false case. Can he be arrested when he goes to the IO for compliance? Can this affect his career. How can we punish the person with this false case?

Advocate Krishnendu Ghosh answered
Hi. First of all that is not 140A notice that is U/s. 41A Cr.P.C. (When police may arrest without warrent) notice to be complied with. But FIR sec. 420/120B it's a non-bailable & cognizable offence, yes I/o can arrest him. Try to Complie the 41A notice as initiated otherwise may W/A be issued upon him.

Q: Proper legal action against an FIR and the accused unknown about it

I have missspropiate some govt money like rs 7500 due to error in account. I was suspended and then dischage me from duty. the post was casual in nature. I refunded money to government. I took place in july 2008 and repaid in 2008 but a FIR was registered in December 2009 and case us 420 was registered us. My office was in under other police station station and my residence was under another police station, I never knew about the case suddenly in June 2017 I came to know that a case was registered and NBW is issued against me. What to do now 1.According to charge sheet that Prima Facie is established but FIR lodge after one and half year without explaining proper explanation so it may indicate that there is vested interest of compliant. 4.I never came to know about the proceeding as it might be the address which is mentioned F.I.R is not correct as my permanent and resident address available to compliant. What is the correct legal action?

Advocate Krishnendu Ghosh answered
Hi. Your query is not properly and clear to me. Rather if any FIR lodged against you U/s. 420 IPC then you should take proper precaution against it going through the case record. Which police station is in residential as well as office address. It's about to listen up your problem face to face consultancy otherwise cannot understand your problem and cannot give you any suitable remedy.