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
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
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.
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.
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.
The bye laws and the memorandum of association will speak about the solutions sought for.
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.
Hi,
The builder is supposed to give the proper sewage system and you may sue for not doing it.
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
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.
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.
Thank you all for your guidance. 1) We had our meeting with the builder yesterday evening. He told us the there is no BWSSB connection provided as the BBMP needs to lay the road and pipes. Once they provide the infrastructure then the connection for BWSSb will be applied and he told us that the association need to apply and pay for the connection. It was our lack of knowledge & ignorance which resulted in agreeing to form the association without the builder completing their work. I checked my Agreement of construction and sale, which says that post handover to the owner, the maintenance chargers for BWSSB and sewage pipe maintenance must be handled by the Association but there is no mention of charges for getting the connection must be borne by the Owners. Going by this we can refuse to pay the connection charges, right? 2) When I questioned about the association bye-laws they gave me a copy of " Deed of Declaration" and said it is the Association bye-law. The first association was formed last year April and even they did not bother to ask the builder for the document. So this deed has a signature of a lawyer, builders and a sub-register stamp and two witness who are not even from our Apartment. It does not have any details on the previous elected members of the association and no consent of the Owners on the bye-laws. I was told not to share the copy with other owners and also Association can not change the bye-laws as they are from KARNATAKA APARTMENT OWNERSHIP ACT. As per the sale agreement it said by Mar 2015 they must handover with proper functioning of the apartment and they left all small jobs and not willing to commit on completion as well. The current association does not get good support from the owners (28) to take any action on the Builder, they show pity. Only three owners are providing their support. We want to desolve our association and hand over to the builder until all facilities are provided.Please suggest what can we do?
1) builder has to pay for connection charges
2)you cannot dissolve the association
3) you can sue the builder to provide sewage connection
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.
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.
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.