Bore provided by builder dried up even before hand-over
We are residents of apartment in Hyderabad. Our builder has drilled bore. but, it got dried up in summer even before forming of our association and hand-over of documents. He promised in a written document to drill an alternate bore-well by 31st May15. However, till now, he has not did so. Further, he did'nt handed-over property related documents also. We ourselves formed an association and collected corpus fund. Now, In spite of our requests and phone calls he is not responding. Fortunately or unfortunately now water is coming from same dried up bore after rains. Now, he is denying saying that bore is going on well.
can we proceed legally against him to provide for bore-well, documents and compensation for mental torture which we have faced.
Asked 2 years ago in Property Law from Hyderabad, Telangana
1)bore wells dry up in summer months
2) after rains when water level gets replenished you get continuous water from bore well
3) if bore well dries up again after the rains rely upon written representation made by builder and move consumer for against builder for deficiency in service and obtain orders to provide alternate bore well
you should send him a legal notice demanding all the documents from him and the damages, ask him a an amount
Further in refusal to oblige file a consumer complaint in the district forum of your area asking compensation for damages.
If the builder dug the bore well and if the water is flowing from it now, you have no case against him. The builder cannot be held responsible for the natural calamities. He has done his job, of course he should have ensured the supply of water through the bore well, but he cannot be held responsible if the bore well dried up subsequently.
If he has not handed over the property master documents, you may ask him to submit them, if he fails to render them within the time stipulated you may initiate legal action by first issuing legal notice and then by filing a suit in the civil court or through a consumer forum.
Since you have formed an association, the secretary or the President may directly write to the builder seeking the requirements and pending reliefs.
1. Make a technical survey of the bore well to find out whether the problem of drying up in summer season will continue or not.
2. If drying up shall not happen then there is no need for legal recourse.
3. Otherwise filing case in consumer forum is only option.
With out knowing the written content in the document by the builder (to drill new bore) , i can't provide a good legal remedy to you. At present the old bore is in good conditions So complaint against the builder is not legally sustainable in the eye of law.
In the case of handing over the documents, you or your office bearers of the society should send a lawyer notice to Builder . The above action of the builder is a breach of trust. So File a complaint before the police station for handing over the same. You can approach consumer forum for getting damages and remedy in deficiency in service of Builder
1. Was there any agreement between the builder and the apartment owners for boring he well? What was the specification of the bore well to be drilled by the builder?
2. If the bore well fails to satisfy the specification or purpose, then you can file a complaint case before your local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming immediate drilling of the well or amount of money required for getting it drilled by you, damage and cost.
Actually, we have consulted a geologist to show an appropriate for digging a bore. After that builder has agreed to drill a bore up to 1500 feet as per specifications of geologist. All the above facts were mentioned in general body meeting minutes book. He agreed for the same and signed the register and all other members of the apartment have also signed it.
Asked 2 years ago
1. Execellent. You have the document evidencing that there was an agreement with him for drilling the well as per the specification agreed to be followed by him,
2. File the consumer case as suggested in my earlier post
If the builder complied with the instruction of the society or the flat owners as per the advise of the geologist, where is the deficiency of service?
Or whether the builder did not comply with the instructions at all?
Please specify your query.
1) the builder agreed at that stage asthe bore well was dry and not pumping any water
2) the situation had reversed now and bore well is functional and pumping water after rains
3) as mentioned earlier if bore well dries after rains then move consumer forum against the builder and seek orders that builder be driected to provide alternate bore well
1. Which documents has he failed to provide?
2. In so far as the digging of an alternate bore-well is concerned all the residents can file a class action suit against the builder for failing to honour his promise reduced to writing. You can seek court's directions to him to dig the alternate bore-well and also claim compensation for the delay in doing so.
Okay then I find no other option but to file case in the consumer forum.