• No proper sewer system

Our Apartment builder has failed to provide proper provision for draining the Kitchen, bathroom and balconies waste. They expect the flat owners to use a motor to flush the waste which gets collected in a pit and they have put some pipes which connects to a sewer (this pipes goes from someone else land). Every time when we raise this in our association meeting the builder says that the BWSSB has to provide sewer connection and they have nothing to do with this and expects us continue to do this stupid thing and bear the costs in maintaining the motor, pipes, plumber charges etc. 
My questions are:
What action can we take against the Builders if they are suppose to get the connection? 
Should the association bear the cost like repairing motor, pipes, paying the plumber etc? 
I appreciate your suggestions on this. 

Regards,
Menezes
Asked 4 years ago in Civil Law

2 answers received in 10 minutes.

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14 Answers

1) issue legal notice to builder to provide sewage disposal system

2) if he refuses file complaint against builder before consumer froum seek orders to direct builder to provide sewage disposal system within 3 months or so

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

If your society is registered under societies act then send builder notice through society representing owners otherwise make all members sign on notice.

Then approach consumer court for deficiency in service. As sewage is important.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

It is is the responsibility of the builder to lay the proper sewer line if mentioned in the project and connect them with the municipal lines if the builder has failed to provide amenity the association can file a complaint against the builder for deficiency of services in the consumer court and can claim the sewer line and compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Cleint,

Any building project without drainage and improper waste supply management comes under default and violation of building by laws. This can be complain to Municipal authority. You can also seek compensation from Consumer forum.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The bye laws and the memorandum of association will speak about the solutions sought for.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

The builder has to bear all the expenses. The association cannot be burdened with all those expenses. The members may approach the Civil Court through the Association and claim the expenses towards such lapses from the builder.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

The builder is supposed to give the proper sewage system and you may sue for not doing it.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

This is very common that Motors are installed to flush out the drainage water from the society to sewage connecting the society this is normal course of the construction provide this kind of facility and if the society is taken over by the resident welfare association from the Builders then this facility should be provided by the association on its own cost if you find any shortage in service from the builder individually are collectively you can approach to the state consumer dispute redressal Commission against the Builder

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Did the builder promise to provide all these amenities in the sale agreement that you executed with him? If the answer is in affirmative then did you take the delivery of possession under protest?

2. Ultimately, the answer to your query has to be on the basis of the answer to the above question.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. This is the basic requirement that builder need to provide to flat owners.

2. Issue legal notice to builder on the same.

3. In case, if builder still not doing it then you can approach consumer court for the same.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1) builder has to pay for connection charges

2)you cannot dissolve the association

3) you can sue the builder to provide sewage connection

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1.Yes but once the handover is complete as such the builder has no responsibility the association by taking members shall pay the amount if it not specifically written in the agreement that builder shall pay. So in case it is not written builder wont be liable to pay same.

2. Since the ownership association is formed and taken charge now you cannot hand over builder back if work is remaining the ownership association can file against the builder and can claim the damages.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The association should take up the issue with the builder and ask him to provide permanent remedy to this.

If he fails then the association can drag the builder to the court of law or consumer court seeking remedy and relief including compensation for deficiency of service against the builder.

Let the builder appear before the court and give his reply.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. It is the duty of the builder to get the sewerage connection from the authorities, he cannot just like that wash away his responsibility at this stage.

You can hold him responsible for getting this connection.

The further expenses towards maintenance will be borne by the association.

2. You cannot dissolve the association at your fancies and whims and handover the charge to the builder.

The builder can be held responsible for the deficient works or incomplete works.

The association can very well demand the builder to complete all incomplete works done by him even now or can issue a legal notice to the buuildre about this.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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