At the time of booking apartment, sales team showed miniature of constructing new club house on this new project phase 2.
During possession, they charged 12% GST last year (May 2018) and now after a year, builder is saying that club house (old one existing in phase 1 functioning even before I booked apartment) is the one that we should use.
Please guide me whether it is legal that they can deceive like this and whether old already constructed and functioning club house is eligible for GST? Because people who bought apartment now after construction are not paying any GST including club house.
The use of Clubhouse has nothing to do with GST and the GST is charged on your purchase value of flat you can speak to the Builder regarding the use of Clubhouse which is older one as per the process he has to allow you for the use of Clubhouse
You have a good cause of action against the builder. You may approach the consumer court in this case, as you have been deceived to buy an apartment by the promise that a new club house would be constructed. To calculate the damages incurred by you, the GST amount would help.