Advocate Johnson Thangiah

Questions Answered by Advocate Johnson Thangiah

Q: Is GST applicable in maintenance cost of appartment

I would like to know the applicablity of GST for maintanence charges levid by the builder. Our's is a big community having morethan 900 houses. Phase 1 completed ~400 houses completed one year before and handed over to customers. Around ~120 owners has occupied the houses. After one year completion, Builder is seekign for advance payment of Maintanence charges along with GST cahrges. My monthly maintanence charges will be around Rs 3000/- And it is calculated based on Sqft. Builder wants to have the 3 months paid together with GST of 18%. And Builder is claiming since sum of all maintanence charges received will be more than Rs25Lac, GST is applicable for us and we have to pay for it. Is it genuine?

Advocate Johnson Thangiah answered
Sir,You have to pay monthly maintenance charges along with 18% of GST.You need not pay more than that money.May builders and associations are charging/ collecting more money in the name of GST.If any dispute arise you may lodge complaint before the regional office of the GST. Thanks.

Q: Builder delayed the possession and charged GST over the property

I have booked a one apartment and as per agreement he should completed the apartment on 30.04.2017. But, he makes the delay and raise the remaining payment with GST. This GST charges occurred only the builder delay the process.So, may I know, who should take this GST ?

Advocate Johnson Thangiah answered
Sir, You entered agreement with the builder before the GST implementation.So you are not entitle for GST.Due to delay of builders work the GST levied. It is the fit case for consumer.

Q: How to get divorce certificate if husband deserted me 25 years back

I am hindu married woman,I lived with my husband only 40 days, he was deserted me at Thirutani Temple and gone away 25 years back, since his left i lived with my parents, some body told me I am eligible to get the pension after my mother but you will submit divorce certificate to govt officer, then only they will issue the pension, so i request you to kindly advise me is it possible or not and also the expenses and related docs pl. But I don't have marriage photo and marriage certificate pl.

Advocate Johnson Thangiah answered
Sir, Whether your husband live or dead if he alive you lodged a complaint before RDO regarding your husband. On the basis of the complaint file a HMOP case before the sessions court court for divorce.

Q: Clarification on sale of property already sold to another buyer

seller has executed the sale deed but denied to appear to registrar office as the seller was instructed by this brother not to goto registrar office also did mindwash that he can help them selling the property for more money. My Sale deed was kept pending at District registrar office with reason:'executant failed to appear at registrar office' which is a valid reason to keep the document pending under registration act.I also applied for compulsory registration within in the right time at District registrar office. In the meantime the seller has sold the same property in the year 2014 to his brother's wife. will the second sale be valid??Please comment. as per the transfer of property act the second sale will be invalid when the property is in litigation, please let me know. Note:District registrar summoned the sellers and did the enquiry, the sellers has agreed that they executed the deed and now willing to register the document.

Advocate Johnson Thangiah answered
Sir, It is simple to file a civil suit against the defaulter before the juristic court Under specific performance ACT. In this suit the plaintiff can impleads the district registrar as the defendants.

Q: Gave money for admission, but person ran off. How to recover the money

A person misrepresented her to be a college faculty of a college where I had applied for a course for which she gave her account details stating that she would pay the fee if transferred to a particular account number but I later came to know thatans allocate an admission for the course.later I came to know that the person has cheated me and took a money amounting to 36000 via online into her personal account. When contacting the college, the college stated that the person has left the college long back and there was no admission allocated for me to the particular course. I have the person's contact number, name and her account number which I have transferred the amount. Please help me regarding getting my amount back as I am from a family belonging to a lower level.

Advocate Johnson Thangiah answered
Sir, First you give a proper written compliant to the police station regarding the incident.The copy of the compliant to be given to the collector of the district. surely the police file a FIR against the person. The best example is SRM University scam and the police recovered all the money.