Wrong information in deed of declaration
GR Gupta
(Querist) 31 January 2014
This query is : Resolved
I am living in Vatika City Sector 49, Gurgaon (Haryana). The builder of our Society has filed Deed of Declaration of our Society in Office of Sub-Registrar, Gurgaon. In this DOD, under the Head 'General Facilities for all apartments of the Compiled', the builder has mentioned about Community Centre and Electrical Sub-Station
in the Society whereas these are not at all
constructed/established in the Society.
Please advise in which Court we should file a case against the builder on this wrong information in the DOD.
Devajyoti Barman
(Expert) 31 January 2014
Why the DOD is filed at all?
What is the need/purpose of its filing?
GR Gupta
(Querist) 31 January 2014
Not exactly aware but may be to get Completion Certificate of the Society
or as per the conditions of the
licence given to the builder.
Rajendra K Goyal
(Expert) 31 January 2014
Send notice to builder and file consumer complaint.
Devajyoti Barman
(Expert) 31 January 2014
It is fable declaration at most and done after you or flat owners have bought the flats.
You have no locus standi to bring any prosecution except to tell the truth to the authority where such false declaration is filed.
I do not see CP Act has any application here.
Thyagarajan
(Expert) 31 January 2014
Has builder while advertising sale of flats said the complex will have community center and sub station? While you booked the flat did these features appear in floor plan of complex? If “no” you can not make out a case as Expert Mr. Burman has said. You can at most say to the registrar it is a false declaration by builder; it is for them to sortout the problem
GR Gupta
(Querist) 01 February 2014
Yes Sir. In the pamphlet, advertisements and the Buyer's Agreement, the construction of Community Centre and Electrical Sub-Station in our Society has been mentioned by the builder.
Devajyoti Barman
(Expert) 01 February 2014
Ok, if that so then you can go to consumer forum to seek compensation or to get those set up.
GR Gupta
(Querist) 01 February 2014
Thank you Sir.
M V Gupta
(Expert) 01 February 2014
I agree with view of Mr. Burman. Before filing the complaint, you get Lawyers notice issued to the builder and in the light of reply received ur lawyer will decide further course of action.
