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DMy family purchased a flat in puri,odisha in 2020 at tulasi vihar. During registration they told us they would install the lift later. We believed because they left space for lift near staircase. It’s been 5 year but they are not installing the lift. My parents are very old and they can’t climb stairs upto 4th floor. There is also problem of water supply as water are (mud water). Please, anyone who have knowledge in this field help me.
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BNAL-
**1. Issue with Lift Installation in Puri, Odisha-**
It seems that the developer had promised to install a lift during the flat’s registration but has not fulfilled this commitment. This is a breach of contract, and you have legal rights to claim the installation of the lift.
**a) Developer’s Obligation:** The builder or developer is legally bound to provide the amenities mentioned in the sale agreement, and if they have committed to installing the lift, they must honor that commitment.
**b) Breach of Contract:** If the developer has failed to install the lift within a reasonable time frame, you can claim **breach of contract**. You can file a complaint with the **Real Estate Regulatory Authority (RERA)** of Odisha, as it oversees developers’ adherence to agreements and promises.
**c) Communication:** Document all communications with the developer and request them to fulfill their promise regarding the lift installation. This will be crucial for your legal case or complaint.**2. Water Supply Issues (Mud Water)-**
The issue with **muddy water** is serious, especially for elderly parents. Clean, potable water is a basic requirement, and the developer has a responsibility to ensure that the water supply is fit for consumption.
**a) Legal Requirement for Potable Water:** In India, builders are legally required to ensure that the water supply in newly constructed buildings meets the prescribed standards for safe drinking water. You can file a **consumer complaint** for the poor water quality.
**b) Action through Authorities:** You can also lodge a complaint with the **local municipal authority** or the **State Pollution Control Board** for poor water quality, as the developer is failing to provide potable water.
**c) RERA Complaint:** You can file a complaint with the **RERA** as well, as they are responsible for ensuring that developers meet the standards of living in their projects, including water supply.**3. Possible Legal Actions and Next Steps-**
**a) Filing a RERA Complaint:** Since both issues are related to the developer not meeting their obligations, you can file a complaint with **RERA Odisha**. They can direct the developer to either fix these issues or compensate the residents for the delay and inconvenience.
**b) Consumer Forum Complaint:** For both the lift installation and water supply issue, you can approach the **consumer forum** for deficient services. You can demand proper installation of the lift, clean water supply, and possible compensation for the distress caused.
**c) Legal Notice:** If you’re not getting any response from the developer, you may send a **legal notice** demanding the installation of the lift and the rectification of the water issue. If they ignore this, you can move ahead with legal proceedings.**I recommend-**
1. **Contact RERA Odisha:** File a complaint with RERA regarding the breach of contract for the lift installation and the poor water quality. They will help address the matter quickly.
2. **Lodge Complaints with Authorities:** Contact the local municipal authority or Odisha State Pollution Control Board about the water issue.
3. **Consult a Lawyer:** If these steps don’t work, consult with a lawyer who specializes in **real estate law** to help you take further legal actions.
4. **Document Everything:** Keep a record of all communications, receipts, and complaints related to both the lift and water supply issues. This will strengthen your case.
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