WATER SUPPLY: LETTER OF NOTICE TO THE BUILDER(S)

BELOW IS THE TEXT OF THE LETTER OF NOTICE SENT TO THE BUILDER(S); M/s Raojee Constructions Pvt. Ltd. and M/s. Shreyas Shelters Pvt. Ltd. on 30th November 2014 to restablish sustained and pure water supply to the Palladium Grand Complex, Dhanori, Pune.

• Please note that the copies of this letter has been also marked to the Commissioner, Pune Municipal Corporation and the Commissioner, Pune Police. 
• Builder/Promotor were requested to respond on or before 15 December 2015, which they have not done till date.

LETTER OF NOTICE

30 November 2014

Mr. Suresh Tingare

Director

Raojee Constructions Pvt. Ltd.

Survey No. 17/1-A/2, Dhanori

Pune 411015.

&

Mr. Sandeep Kolhatkar

Director

Shreyash Shelters Pvt. Ltd.

401, Shreyas Cover, 108/1

Chatushringi, Pune 411016.

Subject: Supply of water to the residents of Palladium Grand reg…..

Dear Sirs,

We the residents of the Palladium Grand complex would like to urgently bring to your kind notice the dire situation of water supply ever since you have stopped supplying the water in June-July 2012.  Please find enclosed authorized signatures of the owners of the Palladium Grand complex.

BOREWELL WATER:

1.     In June-July 2012 you have abruptly, without any notice cut down the connection from the two bore wells from which water was being supplied to the residents since the occupation of flats by the owners.

2.     This action of yours without any prior intimation to the residents was not only illegal, but it was also a breach of contracting terms as per the builder – owner sales deed agreement. It is the sole responsibility of the Builder / Promoter to ensure supply of adequate and healthy water to the residents until such time the housing society is formed. This wasn’t the case, when you disrupted the water supply from the bore wells.

3.     Water being an essential commodity, your action of discontinuing the water supply was and is a direct threat to the very survival of the residents. In fact, it is an intentional attempt to cause harm leading to the death (or loss of life) of the residents of the Palladium Grand.

4.     In the very first instance the motivation behind digging these bore wells was to provide un-interrupted water to the residents of the Palladium Grand. You have not only discontinued the water supply, but you are diverting this water to other two housing complexes you have built subsequently. We the residents of the Palladium Grand were not informed or intimated in advance. You also never sought the consent of the residents and flat owners for diverting the water to the other complexes. This action of your is a breach of trust, as well breach of contract conditions. Further, this action can be construed as cheating and forgery with intention to make additional profits for you, at the cost of threat to the life of the residents of Palladium Grand.

5.     In the past, when residents tried to bring this to your notice and made requests to re-establish the water supply from these bore wells, you have resorted to violence as well methods of creating nuisance to the residents. This clearly demonstrates your intention to cheat the residents, and deprive them of their basic life saving rights for your professional gains. This is contradictory to the regulatory responsibilities of the builder/promoter.

Immediate Request for Actions:

Given this background, we request you to initiate following actions urgently.

1.     Reestablish the connections from both the bore wells into the water storage tanks of the Palladium Grand.

2.     Demonstrate before the representatives of the Palladium Grand residents that you have indeed re-establish the water supply from these borewells.

3.     Communicate with the representatives of the Palladium Grand residents the daily timings when the bore wells will be functioning and the water will be deposited into the storage tanks.

4.     Provide the details of your activities by which you have diverted the water from these bore wells to the nearby complexes in a tabulated manner, providing following information:

a.     Which residential complexes you have diverted the water, and since when?

b.     How much quantity of water was diverted to these residential premises?

c.      How much financial gains you have been benefitted with the act of supplying the water to these residential complexes?

d.     Why you have not informed or sought prior consent of the residents of the Palladium Grand for – (a) discontinuing water supply from these bore wells to the Palladium Grand residents, (b) diverting water to the other residential complexes, and (c) business model under which you supplied the water to near by residential complexes, at the cost of threat to life of the residents of Palladium Grand?

MUNICIPAL WATER:

1.     It is our understanding that it was the responsibility of Builder/Promoter to ensure the municipal water supply to the Palladium Grand residential complex.

2.     As on date, no such municipal water connection is operational and residents are therefore deprived of potable water that is essential for drinking. Since such purified water is not available residents are forced to consume unhealthy water, which is causing harm to their health and life.

3.     Your inaction and silence on this account is an intentional act to harm the life of the residents of the Palladium Grand, which is act of obstructing and depriving residents of their basic rights to essential commodity.

4.     We have been given to understand that the Pune Municipal Corporation has indeed provided the 5”– 8” water pipeline to the Palladium Grand residential complex. If this is indeed true, then it is an act of breach of trust, breaking of contracting conditions as per the agreement, cheating and forgery, and theft of essential commodity called water.

5.     You may please note that the residents through their act of paying taxes to the Municipal Corporation do provide water tax well. In such circumstances, if you indeed received the water connection from Municipal Corporation, then it is an act of illegal use of public services for your professional gains. This can be construed as a willful and intentional act against the public bodies, i.e. Municipal Corporation. This can also be treated as theft of natural resources.

Immediate Request for Actions:

In view of the above information, we request you to take immediate actions as listed below and others those are essential to provide basic commodity to the residents of the Palladium Grand.

1.     Please communicate with the representatives of the Palladium Grand, if the water supply from the Municipal Corporation is indeed provided or not? In case it is provided, then provide the following information:

a.     Since when water supply from corporation is operational.

b.     Locations where the corporation pipelines are terminating within the Dutta Digambar Society, on whose land Palladium Grand complex has been built.

c.      Where this water being diverted? Who are the beneficiaries of this water supply so far?

d.     Have you been benefitted economically as a consequence of your act of diverting this water? How much profit has you made, so far? Is this been accounted for?

e.     Why you did not inform the residents of the Palladium Grand that such a connection is indeed exists?

f.      Why you did not sought the consent of the Palladium Grand residents for diverting or using this Municipality supplied water elsewhere?

2.     If the water supply from Municipal Corporation is indeed being provided, then you shall provide the connection to every apartment or flat owner of the Palladium Grand complex with immediate effect.

3.     While providing such a potable water supply please ensure that potable water is supplied through separate pipelines (or the ones that are not used for bore well waters).

4.     Demonstrate to the representatives of the Palladium Grand residents that you have indeed accomplished the task for providing such Municipal Corporation supplied water to the residents.

5.     Provide necessary documentation and training to the residents of the Palladium Grand regarding operation of such water supply infrastructure.

HEALTH AND HYEGINE ISSUES:

1.     Since you have unilaterally stopped providing the bore well water, and diverted the Municiapal water supply, the water infrastructure within the complex is un-attended, e.g. water filtration system, water storage tanks etc.

2.     This has put the life of the residents under health threat. There has been instances where in residents have fallen victim to water borne diseases. Many of the residents have developed gastric problems and skin allergies. Thus, the very life of the residents is under threat, because of your insensitive actions to disrupt the water supply.

3.     Your actions are indeed insensitive and criminal in nature, because unless the society is not formed and complex is handed over to such a society; it is the sole responsibility of the builder / promoter to ensure healthy supply of essential commodity called water.

Immediate Request for Actions:

Given the above background we request you to initiate following actions without any further delay.

1.     Ensure the upkeep of the water filtration unit, and obtain necessary fitness certificate.

2.     Ensure fitness of other water related infrastructure and obtain necessary fitness certificate.

3.     Establish the mechanism to check the health of water (bore wells and municipal) at regular intervals and intimate the residents of the outcomes of such examinations/investigations.

Given the urgency, seriousness and the gravity of the issues noted above, you are requested to take immediate actions in consultation and coordination with the representatives of the Palladium Grand residents. We hereby, requests that all the necessary steps and actions be completed on or before December 15, 2014. You may further provide the status report of your actions in this regard.

We are cc’ing the copy of this letter to the Hon. Commissioner, Pune Municipal Corporation and also the Hon. Commissioner of Police for their information and necessary interventions.

We would request you to kindly acknowledge the receipt of this letter immediately. In case, we did not receive the receipt of acknowledgement and actions initiated by you, we will conclude that you agree to our submission and that you will be providing the facilities mentioned above with immediate effect.

Sincerely,

Residents of the ‘Palladium Grand’

Dhanori, Pune 411015.

Copy:

1.      Mr. Kunal Kumar

Commissioner, Municipal Corporation

PMC Building, Near Mangla Theater

Shivajinagar, Pune 411005.

2.      Mr. Satish Mathur

Commissioner, Pune Police

Office of the Commissioner of Police

2, Sadhu Vaswani Road, Pune 411001.