I am the secretary of a flat in cochin built by a premiere builder available in Cochin. We all resident here, bought this flat as marketing team of the builder had promised there will be surplus water sources (well,bore well,municipal water ) with in the premise itself.
Current scenario, we require 35000litre for 40 families
1. Municipal water: Builder already set municipal water connection, though it give a maximum of 10K liter per day and sometimes will come only alternative day.
2.Bore Well: Unfortunately water from bore well found to be saline and need RO plant with sea membrane for the filtering (cost coming arround 20lakhs).
3.Well Water: Finally builder has setup a well but there isnt much yield from it as well and water quality too very poor.
4. Tanker: as the first is truely unpreditable and 2,3 sources are totally useless, we are fully buying water from outside. Daily average will be 25K liters per day.
When we checked the legal agreements (sales deed and final deed) we have signed with the builder, i could see it mentioned, builder is committed to give only "free and uninterrupted running water" whereever the context of water comes.
SO my doubt is in this current situation, if we are going to file against the builder. Will the court will favour the association or the builder. Is that free and uninterrupted running water means only the municipal tap water?
I would like someone to advise how we can legally go ahead and would be more happy, if someone can give the citation of a case between association and builder in Kerala and it judgement.
Also i could see, KWA is giving only a single connection for entire 72 apartment in the flat. Is there any provision/ruling that KWA can able to provide separate water connection to each apartment.
