Ours is a villa community (represented by a single association), built in phases as two different CMDA layout approvals. The builder built only one Sewage Treatment Plant (STP) and Wastewater Treatment Plant (WTP) for both the layouts. Is he supposed to provide different amenities for different layouts?
There are open wells within these two villa layouts. The builder transferred some of the wells to an apartment, part of another layout, for their water requirements. Though the builder promised borewells to the apartment via their construction agreement, he did not provide adequate borewells and instead transferred the open wells in the villa layout, outside the apartment layout, to the apartment. But villa residents are promised water from open wells. Is this transfer to the apartment correct? The builder has not transferred STP, WTP and remaining wells to the association. The builder had also showcased the villa community as a gated one. Can the association sue the builder?
The builder has diverted rainwater in utility areas of the villas to the STP leading to sewer overflow during rains and wastage of electricity in pumping more water in the STP. Rainwater harvesting too has been done only partially in the villas. The layout approvals are before the establishment of RERA but the second phase (second layout) was completed after RERA came into existence. Both the layouts don’t have RERA registration numbers.
— Sooraj K., Chennai
The overall scheme of the project, approved layout plans, sanctioned building plans and the clauses in the agreements entered into with the builder have to be looked at to address your queries comprehensively.
On a general note, wells or borewells would belong to the owners of the respective lands. If rights of use of the wells or borewells are given to other plot or unit holders under any agreement, such rights can be enjoyed or enforced. The common area and facilities have to be taken control and maintained by the association of owners.
Whether or not yours is a gated community will depend on whether the road and passage portions are held by the owners jointly or gifted to the local body as public roads.
Projects that were ongoing on the date of commencement of RERA should have been registered within three months thereof. For redressal of your complaints, you can approach the Authority constituted under RERA or Consumer Redressal Forum or Civil Court depending on the location of your project.
