NIRMALA DEVI.C (Advocate) 07 January 2022

Non providing of water connection by the builder to the apartment.

The Builder of my client's Apartment paid an advance i.e the feasibility fee of 1,50,000/ for Water connection towards Sanction of Municipal permission for the construction of Apartment and later the Builder was denying to pay balance amount to the water connection to Municipal authorities. He has been asking the flat owners to pay balance and get connection. I think the Builder has to pay balance amount and bring the connection. Drinking water is a human need and comes under Essential Commodities Act. My client is now ready to go legally. Shall I file a petition against him in Consumer Court or Human Rights Commission?

I request the learned friends to suggest me in this case.

Thank you

Nirmala Devi

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2 Replies

G.L.N. Prasad (Retired employee.) 08 January 2022

If the agreement with the Builder specifically state essential service providing of Corporation,and not providing essential service is deficiency of service and builder can not demand additional amount.

However water is essential, first a notice be given for providing drinking water facility under CP Act and he may be informed that if the service is not provided within a month, owners are at liberty to spend such amount for such essential service and builder should compensate by paying those expenses including manhours spent by members for this service.