Can be take class action if builder does not full fills the promises

905 votes

It is matter to see that,what were contents of the agreement?Was the removal of the cremation ground was condition precedent of the agreement?Did the builder showed the 24 metres road in his project at the time of inviting application for booking.If there is any misrepresentation on the part of the builder you may file a suit in civil court to rescind the contract or for compensation or both.Another remedy is to file consumer complaint.

Advocate Rajneesh Kumar LawRato

912 votes

The master plan is made by the local administration. The builder has nothing to do with it. As per the agreement you may have signed with the builder it must surely not be a part of it that the Cremation ground will go. There is always a possibility of changes in the master plan. Since the existence/non existence of the Cremation ground at a later time would be beyond the control of the builder, action in this regard against the builder would not be maintainable. However, against any change in master plan adversely affecting your residence would give you a cause of action against the administration.

Advocate Rohan Mittal LawRato

706 votes

Well, this is the practical problem in Gurgaon. Builders shows delightful maps and green landscapes around their projects, while marketing through advertisements, contrary to actual site which may be totally different. These sites have been acquired from villages, who would continue to use spaces like CG or temples or any other religious important places, used by them for decades. Around sector 23 in Gurgaon, a HUDA sector, even after 20 years of grant of posses ion by HUDA itself, CG used by kartarpuri villagers has not been shifted and high court has stayed its shifting. SO do not expect CG to be shifted as villagers will protest, they have been using it for decades, and they will not vacate it for any outsider. Its the builder who had misled customers and withheld information to sell projects/flats/plots worth crores. Yes you may take criminal action for misrepresentation in addition to civil recovery of your money post cancellation of your flat, alternately you may ask flat in some other locality. For more details and specific advice you may contact me personally.

Advocate Vivek Nasa LawRato