• If Municipal Corporation or Gram Pachayat both don't provide water to society then builder should?

Hi,

Our society under Gram Panchayat area of PUNE city and we don't have water line either provided from Pune Muncipal Corporation & from Gram Panchayat. As a result we have to purchase expensive water tankers. Which in turn become 50-60% expenses from our maintenance funds. While taking approval of project builder submitted to Environment Clearance committee of Maharashtra that water to this society will be provided by Gram Panchayat and took approval. Gram Panchayat while registering society took undertaking from builder that we are unable to provide water and builder has to do all arrangement but builder has just created 2 bore-well and we don't sufficient water from it.

Now we are in state that we are spending lots of money whereas we feel that it should be paid by builder.

Can you guide us on this matter that what can we do to fight legally on this matter.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

From your query it appears that the builder did provide the provision of water exploration from the bore well but may be due to receding ground water level not enough water is pumped out.

if that so then the builder cannot be held guilty for deficiency for service.

In that situation it is the primary duty of the local authority-the Gram Panchayat here to supply potable water.

since it defaults in discharging its public duty you can file a writ petition in high court agaisnt the inaction of the instrumentality of the state so the uninterrupted water supply can be restored.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the builder has given an undertaking to the GP and assumed the responsibility of ensuring water supply to the flat buyers, he cannot resile from his undertaking and shrug off his responsibility.

Send the concerned builder a legal notice in the present matter calling upon him to ensure sufficient supply of water anyhow.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The documents you've for now are sufficient to send a legal notice to the builder.

To file a consumer Complaint, you'll need to annex all the relevant documents m

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If builder has made proper arrangements for wells but there is no supply due to ground water then the builder cannot be made liable.

Also if builder does not made sufficient arrangement according in.Proportionate to people living in.society then liability is builder and a complaint with consumer authorities can done.

The responsibility here is of Gram panchyat to provide water so a writ should be filed in hc seeking directions for gram panchyat

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly the builder made sufficient arrangement by creating bore well but since you people are not getting adequate water send him legal notice to dig another bore well or that you will take necessary action against him.

Secondly since you are paying tax to gram panchayat it is it's duty to provide proper facilities to you people. You can approach high court by filing writ petition seeking direction to concerned authority to provide facilities for you people.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The best and cheapest legal option available to you is filing Consumer Complaint against builder for giving you false assurances. You can also file writ petition in HC for the same by making builder, gram Panchayat & municipal corporation as parties.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

fil e complaint against builder before consumer forum to direct builder to provide water supply to residents

2) if builder had given undertaking before environment clearance committee that water would be supplied from gram panchayat is his responsibility to provide water supply to the flat purchasers

3) in complaint before consumer forum seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

you need copy of environment clearance report

2) building sanctioned plan

3) building completion certificate or OC issued by gram panchayat

4)you can before filing complaint issue legal notice to builder to provide water supply to flat owners

5) enclose said legal notice to complaint

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1) If you society is registered that means builder gas handover all his responsibility on society and society may have accepted all his terms and conditions. Now builder has 95% chance to deny all his responsibility towards society member and all his daily activities.

2) You have to check the agreement which is hand over of project and formation society on which conditions all this is done. And that formation of society is registered.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

You get necessary relief from High Court of your State. Please ask any High Court lawyer to file a Writ Petition against all the concerned authorities including Panchayath, builder and rural development department. High Court will find out some solution to your water problem.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You should have OC or Possession letter issued by the builder

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

No doubt the builder should provide basic amenities like water and electricity connections even before handing over possession.

What does the sale agreement say about this?

The builder cannot wash away his hand from the responsibility if he had undertaken to provide the facility.

You may drag the builder to the consumer forum for relief and compensation

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You need to have sale agreement with the conditions and covenants for the builder;

your original plan approval, tax paid receipts, other relevant papers of the association and individual owners.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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