NCDRC

NCDRC

RP/3545/2011

P. RAMACHANDRA SHARMA - Complainant(s)

Versus

THE MAHAVEER PROPERTIES - Opp.Party(s)

MR. C. MURALI KRISHNA

26 Mar 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3545 OF 2011
 
(Against the Order dated 16/08/2011 in Appeal No. 2508/2010 of the State Commission Karnataka)
1. P. RAMACHANDRA SHARMA
S/o Mahalinga Bhat, No-105, Ground Floor, Mahaveer, Rose Apartments, Kodichikkanahalli Main Road, Bannnerghatta Road
Bangalore - 560076
Karnataka
...........Petitioner(s)
Versus 
1. THE MAHAVEER PROPERTIES
No-48/49 First Floor, Sarakki Main Road, J.P Nagar, 1st Phase
Bangalore - 560078
karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.P.Ram, Advocate
For the Respondent :NEMO

Dated : 26 Mar 2012
ORDER

Petitioner filed the complaint with the allegation that the respondent had collected a sum of Rs.2,39,456/- towards service tax and VAT; that as per Government Circular No.108/02/2009-ST dated 29.1.2009, the construction service provider was not entitled to collect the service tax and VAT from the customers.  The aforesaid Circular came into existence on 29.1.2009 whereas agreement between the parties in the present case was entered into on 14.7.2008 and the sale deed was executed on 9.1.2009, i.e., prior to the issuance of the circular. 

        District Forum dismissed the complaint, aggrieved against which the petitioner filed the appeal before the State Commission which has also been dismissed. 

        We agree with the view taken by the fora below that the circular issued on 29.1.2009 would not apply to the petitioner’s case as the sale in the present case has been executed on 9.1.2009, i.e., prior to the coming into existence of the circular.  No merits.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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