Service tax on purchase of Flat from Builder

Hi

I have purchased a Flat from a builder. Agreement to sell was executed and it was mentioned in the agreement that Service Tax would be paid by the buyer. After full payment the same was got registered and the clause that 'Service Tax would be paid by the buyer' was also inserted in the registry deed. The possession of the Flat is also given.

Now the builder is demanding Service Tax from me @ 4.12 % of  the value of the property quoting that Central Excise is demanding the same from him under notification No 32/2007 -S.T. dated 22.05.2007 and 7/2008 - S. T. dated 01.03.2008.

I have come to know that vide Circular No. 108/02/2009 - ST dated 29.01.2009 Commissioner (Service TAx), CBEC, New Delhi has made it clear that Flat buyers don't need to pay Service Tax. Is it true? Am I suppose to pay Service Tax @ 4.12 % of the value of the Flat or it is exempted?

Kindly solve my problem on urgent basis.