Builder has not provided stp connection
2 months ago
builder has not provided stp connection to series of flats even after multiple follow ups as of now builder is handing over to association after 6 years of possession and maintenance is being handled by temporary volunteers from owners, In this cas who shall bear the cost of it? Builder or newly forming association or Individual owners of that series?
A.Dear Client,
If the Builder has collected installation charges for the STP connection from flat owners, they are solely responsible for ensuring the installation in the flats. Failure to provide this connection constitutes a deficiency in service and unfair trade practice, even after the association's formation and handover of maintenance charges. If the housing project is RERA-approved, any deviation or service deficiency after payment renders the Builder/Developer accountable. If the issue persists despite efforts, serving a legal notice and collectively filing a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer is recommended for compensation.
Alternatively, a complaint against the Builder for deficiency in service and unfair trade practice can be filed collectively with other affected flat owners or the association before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019. This includes a legal notice to the Builder, claiming STP connection installation and compensation for harassment and litigation costs. The Consumer Court complaint should be filed within two years of the cause of action.
Furthermore, pursuing a civil suit for specific performance against the Builder/Developer before a Civil Court is an option for seeking appropriate relief in the matter.
If the Builder has collected installation charges for the STP connection from flat owners, they are solely responsible for ensuring the installation in the flats. Failure to provide this connection constitutes a deficiency in service and unfair trade practice, even after the association's formation and handover of maintenance charges. If the housing project is RERA-approved, any deviation or service deficiency after payment renders the Builder/Developer accountable. If the issue persists despite efforts, serving a legal notice and collectively filing a complaint under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer is recommended for compensation.
Alternatively, a complaint against the Builder for deficiency in service and unfair trade practice can be filed collectively with other affected flat owners or the association before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019. This includes a legal notice to the Builder, claiming STP connection installation and compensation for harassment and litigation costs. The Consumer Court complaint should be filed within two years of the cause of action.
Furthermore, pursuing a civil suit for specific performance against the Builder/Developer before a Civil Court is an option for seeking appropriate relief in the matter.
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A.Dear Client,
If the Builder collected the installation charges of STP connection from the flat owners, he is alone liable to install the STP connection in the flats and failure to provide the connection shall be termed as a deficiency in service and unfair trade practice even after the formation of association and hand over of the charges of maintenance and other infrastructure to the association. So, in the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint collectively with other flat owners who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. Or else you all and even the association can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice to the Builder claiming installation of STP connection in the flats and compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action and for the continued cause of action. Apart, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. If required, you can avail of the service of an Advocate to resolve the matter in the right way.
If the Builder collected the installation charges of STP connection from the flat owners, he is alone liable to install the STP connection in the flats and failure to provide the connection shall be termed as a deficiency in service and unfair trade practice even after the formation of association and hand over of the charges of maintenance and other infrastructure to the association. So, in the given situation, if the housing project is approved by RERA, for any deviation or deficiency in service on receipt of the cost of service on the part of the Builder/Developer, he shall be held accountable for the same. If the matter is not resolved from the end of the Builder/Developer despite your tireless efforts, then serving a legal notice, file a complaint collectively with other flat owners who are equally affected by such deficiency under Sec.31 of the Real Estate (Regulatory and Development) Act, 2016 before the Adjudicating Officer claiming compensation for the deficiency in service. Or else you all and even the association can file a complaint against the Builder for deficiency in service and unfair trade practice before the Consumer Court under Sec.35 of the Consumer Compensation Act, 2019 serving a legal notice to the Builder claiming installation of STP connection in the flats and compensation for harassment and cost of litigation. The complaint should be filed before the Consumer Court within two years from the date of the cause of action and for the continued cause of action. Apart, you can file a civil suit for specific performance against the Builder/Developer before a Civil Court for appropriate relief in the matter. If required, you can avail of the service of an Advocate to resolve the matter in the right way.
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