costs should be borne by the builder as it is his responsibility to dispose excess sewage water
Excess STP discharge Disposal Charges
I live in an apartment complex in Haryana, where maintenance has not been handed over by the builder to RWA and possession was given basis Occupation certificate. There is a STP in the complex which releases zero discharge water after treatment. Usually, this water is used in complex for watering the plants, toliet flush water etc, however still there is still excess treated sewage water which has to be disposed at the proper place through tankers as there is no master sewer line in the area. In Occupation certification it is mentioned that it is sole responsibility of the builder to dispose the excess sewage water. However builder is charging the residents for the same. Who should bear the cost of disposing excess sewage water?
Asked 2 years ago in Property Law
Religion: Hindu
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5 Answers
Builder has sent a communication that he is responsible hence he has set up the sewage system till master sewage line however since master sewage line is not there, residents have to bear the cost of disposing the excess sewage water from STP. Do you have any references where the builder was directed to pay these charges?
Asked 2 years ago
then you file writ petition in HC to direct municipal corporation to provide master sewage line
It is the responsibility of the builder to provide this facility.
The society should send a legal notice to the builder to complete this task without charging any extra amount from the members.
If the builder is still not complying or insists on extra payment the society can take legal action against the builder either by a complaint with RERA or by dragging the builder to consumer forum for deficiency in service and to complete the task besides paying compensation and litigation expenses.
It is the part of the contractual obligations to be fulfilled by the builder and is the part of the OC conditions.
The builder cannot disown the responsibility by quoting such silly replies.
The association can resort to legal action by first issuing a legal notice demanding the requirement, failing which the matter can be escalated through legal forums.
Dear client,
If it is mentioned in the Occupation Certificate that the builder is responsible for disposing the excess sewage water, then the builder should bear the cost of disposing of the excess sewage water. The builder cannot shift the cost on the residents.
You can send a legal notice to the builder stating that as per the Occupation Certificate, it is the builder's responsibility to bear the cost of disposing the excess sewage water, and therefore, the builder should immediately stop charging the residents for the same. If the builder does not comply with the legal notice, you can file a case against the builder in the appropriate court.
There have been cases where the builder has been directed to pay these charges. In the case of K P Singh vs State of Haryana, the builder was held responsible for not providing the necessary infrastructure and amenities, and he was directed to pay the cost of disposing of the excess sewage water.
