Purchase of Flat
Govindarajan
(Querist) 14 June 2011
This query is : Resolved
I have purchased one flat from a builder . In the agreement nothing was mentioned about depth of borewell .Now we are not getting enough water and struggling without water . The builder claiming that he has erected borewell for 240 feet . Also his finishing was not good . As per the agreement he has to form owners association . But even after Six months he is not taking any step to form owners association . Now what is the remeady available . Shall we file a case against him the court of law .
PALNITKAR V.V.
(Expert) 14 June 2011
once there is an agreement about bore well, it is assumed that the bore well must have enough depth so as to give enough water. however, it depends on the ground water level also. The bore wells go dry all of a sudden. So there is no point in fighting over that issue. About formation of association, if the builder fails to do it, the occupant can do it with the help of the concerned authorities like sub registrar in Maharashtra.
RAJU O.F.,
(Expert) 15 June 2011
You, the owners of the flats can form and register Association of the Flat Owners. Since the Builders agreement is silent about the depth of the borewell, you cannot file suit for specific performance. You may file complaint before Consumer redressal Forum, for deficiency of service.
M V Gupta
(Expert) 16 June 2011
Dear Mr. Govindrajan,
You have not mentioned the place where u have purcahsed the flat. If it is in mumbai or any where in Maharashtra, you may take the following steps for formation of the Association:1. All the flat purchasers themselves form the Cooperative Housing Society or Apartments owners Association under the relevant law.2.If the Agreement signed with the builder provides for conveying the proerty (i.e, land and the building with the falts)in favor of the Society, then take steps to demand execuiton of the sale deed in favor of the Society / the Apartment owners Association. 3. You can also file a complaint in the consumer Forum for deficiency in service against the builder and calim damages and also refund of amounts collected by him from flat buyers for expenses to form the Association. As regards the bore well I am in agreement with the views already expressed by the experts.
