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S Das   13 November 2015

Builder built Sewage Plant instead of Park

Hi All,

I have purchases a flat in 2010 in bangalore. The flat was underconstruction. The marketing team showed the plan where there is park in the entrance of the the society and i chose a apartment just next to it due to its asthetic value.

However when the apartment was completed in 2012. The builder didnt built a park. He built a big room which housed security and a room with some machines. Since i was out of city. I didnt bother much . I came back to Bangalore and started living after some years.  The builder constructed a small makeshift park in one corner . But then i came to know that the room was a STP (Sewage Treatment Plant). It satrted running few months ago. This is making hell lot of noise and genrating foul smell.

After several months of following with the association. The STP was covered but still the smell n noise persits and i just google the same. The smell is chemacal and is really deadly , where people have died. The approved plan never mentions STP of any kind of STP as it mentions a park. 

Now the assocaition wants to run it 24/7 which will be intolerable as Karnataka govt has mandated STP in all big apartments(Ours is 310+ apts) . I have asked them to shift it to some corner of the society which is far from residence sicne this is 3 ft from my balcony. The STP is built which does not have the relevant approvals.This is just near the entrance where the security sits, thus risking their health. There is a school gate at the back of our society so many parents come to drop their kids and they pass through this entrance and everyone is exposed to it. The walking path is beside this STP so all elder citizens walk beside this STP. One block 50% apartment face this STP and my apartment is the closest. I am at wits end. Please guide me what should i do?

Filing a case against the builder won't result since the society already has cases filed against the builder for many defaults. Please guide me how to get this thing resolved and settled. I am thinking to file it agasint the association since now the association  is running the complex.

 

Please guide.

 

- A troubled person

 



Learning

 2 Replies

Nitish Banka (lawyer)     13 November 2015

Dear S Das,

we have to see the services rendered by the society, but prima facie you may sue builder under the consumer protection.

Thanks & regards,

Adv. Nitish Banka

9891549997

S Das   13 November 2015

HI Nitish,

As you mentioned Sue the builder so should i file civil case agianst the builder?

Also there is ongoing legal civil case fuiled between builder and association due to 3-4 issues. There is an ongoing battle for 1+ years thus the builder does not do any kind of work for the society. 

 

 


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