Apartment- amenities not provided by builder
S.K.Goel
(Querist) 13 September 2014
This query is : Resolved
Our Apartment( 200 units) in Kengeri Satellite Town , was not handed over properly by the builder. Every now and then we used to have meeting with the builder and the landowner ( Jt Development) and pressing for the BWSSB connection for sewage / water , tarring of the road outside the apt and NOC from BBMP.
Nothingwas happening . only the road was tarred. In the mean time he was requesting for forming an association odf the owners. Some residents formed the Association , got it registered under the society’s act and declared office bearers- They took over the maintenance of the apartment- they wrote to the builder for handing over the drawings / important papers etc. but there was no response from the nuilder.
Builder deposited app 8 Lakhs with BWSSB but there was no sewage connection. The outlet of the sewage treatment plant was going to the drain after bribing the concerned officials
Then we received the notice from BWSSB for dpositing Rs 1 Cr for Sewage connection and the water supply. The builder was contacted and in the presence of the cororator he said that he will beear 50 Lakhs. Balance 50 lakhs was to be arranged by the owners. An agreement on stamp paper was also made. But till date he has not given the money. He was also called in the presence of the local MLA but as usual he promised and never gave any money.
50 lakhs has been submitted to BWSSB after collecting from the owners.
What action can be taken against the builders-
1. He has not handed over all the drawings / etc to the Association
2. He is not giving the money
3. 3. Nothing is happening on the NOC issue.
Can we go to Consumer Court?
Some people in the Association are dodging the rest by saying that we can not go to the consumer court now. And to go to the main court, it will be very costly as first we have to deposit 10% of the amount to begin the case.
ajay sethi
(Expert) 13 September 2014
yes you can move consumer forum against the builder for deficiency in service . builder is bound to furnish plans duly sanctioned by municipal corporation . if he fails to do so you can file RTI application and obtain copies of sanctioned plans .
provision of sewage facility is builder responsibility . you can obtain orders to direct builder to make payment of Rs 50 lakhs as per his commitment .
you dont have to pay 10%for fighting case . no court fees are levied . you will have to pay legal fees for lawyer you engage
Rajendra K Goyal
(Expert) 13 September 2014
File complaint with the consumer forum. In forum no court fee is to be paid. Consult local lawyer and proceed as advised.
Raj Kumar Makkad
(Expert) 16 September 2014
I do endorse the advice of Ajay Sethi sir.
