Builder not provided proper sewage system

Querist : Anonymous (Querist) 12 July 2023 This query is : Resolved
Builder is trying to give handover of our building (society) without solving sewage gutterline problem existing since last 2+ yrs. Builder is blaming gov agency to solve this but gov agency doesn't have record of gutterline sewage connection with our building on paper (via rti) and hence using it as an excuse. He now says its part of township and they will handle but gutterwater is accumulating outside our building and we have to pump that water to a gov gutterline whose connection doesn't exist with gov agency.

How can we make builder / gov agency solve this problem? He has BU permission but gutterline isn't proper (legitimate) and drainage water is accumulating constantly inside and outside our building !!

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kavksatyanarayana (Expert) 12 July 2023
You can move the consumer forum against the builder for deficiency in service. The builder is bound to furnish plans duly sanctioned by the municipal corporation/concerned authority. If he fails to do so you can file an RTI application and obtain copies of sanctioned plans. provision of sewage facilities is the builder's responsibility.

Querist : Anonymous (Querist) 13 July 2023
I already have the RTI done - and they say data not available. Our building is part of township but gutterline is connected with Gov's gutterline (without any papers as per RTI) Previously there wasn't issue with drainage but for last 2+ years this issue has arrived and we came to know about this problem once we complaint to gov agency for sewage - as they verbally said your connection is illegal but we are working in favor of humanity - but issue is still pending!..

kavksatyanarayana (Expert) 13 July 2023
Then you have to file a case against the builder in the District Consumer Forum.

T. Kalaiselvan, Advocate (Expert) 14 July 2023
This is a deficiency in service and the builder is liable to answer the complaint made before consumer commission, you can aproach the consumer commission with a complaint and seek compensation for deficiency in service.

P. Venu (Expert) 16 July 2023
Yes, you may approach the consumer. So also, it was the obligation of the LSG to ensure that such essential infrastructure is completed while granting occupancy certificate.

Querist : Anonymous (Querist) 22 July 2023
One question I would like to ask? How can builder got BU permisson without doing solution for sewage disposal? I did saw some documents where they mentioned about STP plants in the township - which might be missing as well... where else can i do RTI to get the papers out from whom he got clearance for STP plants and SEWAGE connection ? ... is there any particular department who does this clearance esp for township ? .... so that i can catch hold of that government department ...

T. Kalaiselvan, Advocate (Expert) 04 August 2023
You can get the information by sending an application under RTI act and after obtaining the same, you can take legal action as required or prescribed in law.

Querist : Anonymous (Querist) 04 August 2023
Also just wanted to ask is RERA and consumer court active regarding this? How much time span they will take? Also can builder be send to jail ? What sort of punishments are prescribed ?

T. Kalaiselvan, Advocate (Expert) 05 August 2023
The RERA and consumer forum cases are not criminal in nature though they can levy penalty hence the builder cannot be sentenced to undergo imprisonment unlike criminal law judgments.