Legal Question in Real Estate Law in India

what is the possibility/affect of legal notice to a Builder for not providing basic amneties like potable water/ proper deep well, proper drainage facility, power back-up in a new constructed apartment?

Is there any legal way to enforce him to provide amneties as per initial aggrement to all unit holder in a apartment?

Is there any law to safeguard any further payment to Builder from bank side till all work completion?


Asked on 8/21/13, 11:30 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.08.2013

Dear Sir / Madam,

The Builder has to obtain the Building Completion Certificate (BCC) and the Occupation Certificate (OC) from the concerned Kamrup Municipal Corporation (KMC), Assam. Prior to the KMC issuing the BCC, their designated Inspectors come and verify whether the developers have provided all the essential amenities like Power, drinking water, borewell and sewage drainage for the building.

Yes, you should lodge a complaint with the KMC to enforce the builder to provide all the basic amenities.

Yes, you should first gather all the other members in the building and collectively issue a letter in writing to the Builder that you will be forced to stop payments, if he does not provide all the essential amenities within ___ days of the letter. If the Builder fails to fulfill these requirements within the designated time frame allotted, you should inform the bank to stop further payment to the builder, till your intimating the bank.

Regards,

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Answered on 8/21/13, 8:32 pm


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