Duty Of Builder To Provide Adequate Water To Project
A developer is duty bound to provide adequate water supply to a project, till water supply of Municipal Corporation improves. This was ordered by MahaRERA even for a project that received part OC.
By Varun Singh
Water is the most essential aspect of a human life. A home buyer told MahaRERA that he didn’t take possession of the flat because the building doesn’t have a proper water supply.
The building received part Occupation Certificate (OC), the homebuyer was asked to take possession of the flat too by the developer. But the homebuyer refused.
The homebuyer stated that the builder in the part OC has mentioned that, he shall take care of the water supply till the water supply form Municipal Corporation isn’t improved.
The homebuyer further mentioned that, many who have taken possession are facing inconvenience because the water supply is not proper.
MahaRERA took the view that it was the duty of the builder to provide adequate water supply to the project, till water supply from the Municipal Corporation doesn’t improve.
Homebuyer Sudhir Jadhav approached MahaRERA against Nirmal Lifestyle Kalyan Pvt Ltd, for the project Spirit in Kalyan Dombivali Municipal Corporation (KDMC).
Jadhav claimed that he was promised a home as per agreement in July 2016 with a grace period of six months (January 31, 2017).
Jadhav asked for interest on his investment on account of delay in possession by the developer.
The developer claimed that Bombay HC, in a PIL had restrained KDMC, between April 2015 to April 2016 from approving any project.
This delayed the project by 19 months, which the builder claimed to be beyond his control. The builder also wanted the authority to consider the revised date of possession mentioned on the portal.
MahaRERA member B D Kapadnis held, that the builder was bound to handover possession as per the date mentioned in the agreement. He stated that RERA doesn’t contemplate re-writing of agreement.
Meanwhile, the builder received the part OC for the building in August 2019 and asked Jadhav to take possession of the flat via an email dated October 11, 2019.
It is here, that Jadhav raised the issue of no proper water supply and Kapadnis reminded the developer his duty.
Kapadnis noted that it was the duty of the builder to provide adequate water for the project, till supply from Municipal Corporation doesn’t improve.
The builder was also reminded his duty of handing over possession on time. MahaRERA ordered the builder to pay interest to Jadhav from February 1, 2017 till October 11, 2019 at 9% per annum for delay in possession.
Once again in the order the builder was reminded his duty for providing water till situation from corporation improves.
Jadhav had even raised an issue of car parking not being proper to park his car, the builder had claimed the car park was as per specifications.
MahaRERA asked the builder to provide a covered car parking to homebuyer where the car can be conveniently parked.
Builder was also asked to pay Rs 20,000 to Jadhav towards cost of the complaint.