Should builder provide oc & drinking water line after society formation

Santosh Kale (Querist) 12 September 2016 This query is : Resolved
Dear Sir,
After 2 yrs of possesion, Builder have not provided OC & drinking water line yet. He is providing borewell water & mineral cans. After society formation, should builder provide OC & waterline? Or he can neglect the issues?
Pl advice.
With Regards,
Santosh
Thane

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Guest (Expert) 12 September 2016
Chances are that building is illegal , or due to illegal construction Tmc denied o.c. and since o.c. was not there water Dept. Did not give u water connection.

Under circumstances first get entire file of construction under rti including sanctioned plan. Lot legal study required to be done before concluding what exactly is problem.

Which area in Thane building located , asking because myself from Thane

Santosh Kale (Querist) 12 September 2016
Thanks Madhu for your quick reply.
It is located at Shahapur under gram panchayat.

Guest (Expert) 12 September 2016
Well advised.

Kumar Doab (Expert) 12 September 2016
You may act on the advise.

R.K Nanda (Expert) 12 September 2016
Nothing to add more.

Raj Kumar Makkad (Expert) 12 September 2016
It depends upon terms and conditions executed between you and the builder. Shahpur falls within rural area so no question arises to get
completion certificate from Municipal authorities. gram Panchayat do not vest such power so better to approach Consumer forum.

Devajyoti Barman (Expert) 12 September 2016
Anyway to seek speedy remedy filing case in consumer forum remains the only remedy.

Guest (Expert) 13 September 2016
@ Santosh Kale

Since we are in urban areas we rarely get opportunity to go to rural area

But in every dist. for rural area too there is planning authority under MRTP Act 1966

Now who has powers of Planing authority for Shahapur I am honestly not sure. But certainly there will be Planing authority under MRTP for that area too.

Now when you move in rural areas there are other problems that there are various different types of land (Legally) etc.

So without getting proper paper and understanding what exactly went wrong nothing can be told.

Maharashtra Regional Town Planing Act is applicable to whole of Maharashtra and various bodies they have given power of Planing authority

All Planing authority have standard copy of rules for development (Building) , while reading it feels like just copy of each other some time

Now all rules mostly contains same Commencement certificated , completion and Occupational certificate etc.

So first step will be to take your agreement in hand and then getting details of Sanctioned plan etc. start getting papers.

When you have proper papers conclusion can be made why OC was not given , Why water supply with held .

Most Imp. and concerning thing for me whether there is illegal construction or any such thing (Because in this case only Local Govt. don't give water in initial stages. This is my information )

Guest (Expert) 13 September 2016
Generally the tactics of Local Govt /Planing authority is that they don't give water to building where some portion is illegal to pressure Builders etc.

Means you need to verify that there are chances your flat is legal but other flat is illegal and that is why they are not giving water to the building.

So this all analysis is required to be done and for that proper document study is required.

Ms.Usha Kapoor (Expert) 13 September 2016
Move EITHER A CONSUMER FORUM OR FILE A writ Against MCD FOR ISSUING OC and supply of drinking water AND ALSO REQUEST FOR COMPLETION CERTIFICATE FROM builder after issuing a due legal Notice to the MCD.

If the complaint comes to us, we can take action, like withholding building permission for future projects by the offending builder after verifying
NARENDRA SALUNKE Supdt Engr, Water Supply, PMC If the builder without completing the full project hands over possession without OC and completion certificates Hefty penalties are levied against him by MCD.

Santosh Kale (Querist) 13 September 2016
I just want to know that is there builder' s
Liability to provide OC & drinking waterline After society formation or he can neglect the same?

ADV-JEEVAN PATIL, MUMBAI (Expert) 13 September 2016
Under MOFA act, builder is bound to form society and pass on conveyance in favour of society including of. If not, approach Consumer Court for remedy

Raj Kumar Makkad (Expert) 14 September 2016
Yes is the sole reply to your subsequent requirement.

Santosh Kale (Querist) 14 September 2016
Sirs,
Thank you so much.

Rajendra K Goyal (Expert) 21 September 2016
Agree with expert raj kumar makkad.

Guest (Expert) 21 September 2016
Mr/Ms. Santosh Kale,

By asking your following question, you have unduly and unnecessarily tried to stretch the thread and waste the time of the experts:

YOUR QUESTION:
"I just want to know that is there builder's liability to provide OC & drinking waterline After society formation or he can neglect the same?"

A general question arises, why do you want to know? Your question, in itself has proved that you want answer just to solve your academic exercise.

BUT, if you are a genuine owner of the flat, by raising such a vague academic question, you have invited several questions on your own unauthorised occupation without OC, as follows:

At first, Why you have not stated, what is your real concern with the builder, society or the problem?

Secondly, if you are a flat owner and taken possession of the flat, under what conditions you have taken over flat without completion certificate?

Thirdly, in what capacity you have asked this question, i.e., as an individual flat holder or in any capacity held by you in the society?

Fourthly, with what objectives and byelaws the society has been formed and recognized when you people have not been able to get formal possession of flats for want of completion certificate of the building?

Fifthly, if society has already been formed, what steps have been taken by the society to get pipelines, water supply or OC?

Sixthly, how can you expect OC to you without issue of a completion certificate for the building as a whole by the concerned local body?

Seventh, if you have accepted possession without completion certificate and the builder is providing borewell water & mineral cans, what does this complaint means about water supply, as he has provided you extraordinary facility to occupy the flat even without completion of the building and water of borwell and mineral cans at his own cost?

RATHER, you should have been thankful to the builder if he has allowed you to live in the flat informally and providing you borewell water and mineral water at his own cost and made you save huge rental on a hired accommodation.

So about deficiency you can be charged, more than the builder's incapabilities, with the serious offence of unauthorised occupation of the flat without OC. Not only builder, but also the local municipality can throw you out of the building any time legally.

However, if you are so meticulous about non provision of the OC and waterlines by the builder, you may either vacate the flat or can go to court to try your luck with your tirade against the builder for not giving OC, which he can never give until he gets completion certificate from the local municipality or the development authority.

Otherwise, if society has already been formed, what is the use of its existence? Why the MC of the society should not assist the builder to get blockages removed in the way of getting completion certificate and consequent isue of OC?

EVERYTHING SHOULD NOT BE DEALT WITH LEGALLY, THE LONGEST & COSTLY PATH OF COMPLIANCE, WHEN THOSE COMPLIANCES CAN BE ACHIEVED TACTICALLY WITHIN A VERY SHORT SPAN OF TIME.

Ms.Usha Kapoor (Expert) 21 September 2016
once THE BUILDER GIVES THE occupancy CERTIFICATE AND WE GET COMPLETION CERTIFICATE AND SOCIETY IS FORMED WE DON'T HAVE ANYTHING TO DO WITH THE BUILDER. have CONSTRUCTION OF ALL FLATS BEEN COMPLETED ALL RESPECTS OR MOT.oNCE THEY ARE COMPLETED IN ALL RESPECTS WE CAN APPLY FOR COMPLETION CERTIFICATE AND ASK THE SOCIETY TO TAKE OVER SUPPLY O F DRINKING WATER, POWER SUPPLY, MAINTENANCE CHARGES ETC FROM TNE BUILDER THEREBY STOPPING THE EXPLOITATION OF THE BUILDER.

Kumar Doab (Expert) 21 September 2016
You can benefit from the illustrations by experts.

Rajendra K Goyal (Expert) 25 September 2016
The author has not replied the points raised by the expert P.S. Dhingra.

Guest (Expert) 25 September 2016
Rajendra ji,

Authors of hypothetical academic queries don't have answers to questions, if raised to counter their hypthetical concept.

Rajendra K Goyal (Expert) 24 October 2016
Expert : P. S. DHINGRA ji,

I agree with the conclusion.

Kumar Doab (Expert) 25 October 2016
You have received affirmative answers to the queries posted.

Seems to be satisfied.

Further your own able counsel can help to conclude the matter for you.

Hemant Agarwal (Expert) 19 May 2017
1. The Builder, is mandatorily bound by Regional Town Planning laws, to provide OC and Water connection. This cannot be avoided and on failure he becomes liable for prosecution under the Criminal laws and the Consumer Protection laws. This is without any justification as to whether the Society is (before /after) formed or not formed.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Guest (Expert) 19 May 2017
Agreed with Shri Hemant Agarwal

Kumar Doab (Expert) 19 May 2017
Mr. Hemant Agarwal’s precise conclusion is appreciated.

Guest (Expert) 19 May 2017
Agree with Expert

Should builder provide oc & drinking water line after society formation

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