• 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 1 year ago in Property Law from Hyderabad, Telangana
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
Hi
 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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
4.9 on 5.0
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
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
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
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Okay then I find no other option but to file case in the consumer forum.
Devajyoti Barman
Advocate, Kolkata
5233 Answers
54 Consultations
4.9 on 5.0

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