23 January 2010
A real estate co. takes advance from public for sale of land, on the condition that it shall either provide them with a plot of land or shall repay the amount with 10% interest. Whether the amount so received shall be classified as deposit from public; and whether Companies (Acceptance of Deposits) Rule, 1975 shall be applicable.
23 January 2010
While drafting the agreement between the company and its customers; the care should be taken that the company will provide a plot of land but in case the committment is not fulfilled; then the company shall pay a "PENALTY" of 10% to the customers.
Then this will not attract Section 58A.
Otherwise also it would not attract section 58A.
But the wordings put by you is like -
"EITHER" provide them with a plot of land "OR" shall repay the amount with 10% interest.