⚖️ Homebuyers Approach MahaRERA Over Construction Issues
In an important ruling aimed at protecting homebuyers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a Borivali-based developer to fix structural defects in residential flats within 30 days. The case was filed by two homeowners from the Mandor Heights Phase-II project, who complained about serious construction issues in their apartments even after taking possession.
According to the complaint, the residents started noticing multiple structural problems in their flats, including cracks in the walls, water seepage, and leakage from the ceiling. These issues raised concerns about the overall construction quality of the building and created inconvenience for the residents.
🧱 Complaints Ignored For Long Period
The homeowners claimed that they had repeatedly approached the developer and requested repairs for the defects. However, despite several follow-ups, the problems allegedly remained unresolved.
Frustrated with the lack of response, the residents eventually issued a legal notice in September 2024, asking the developer to rectify the defects or provide compensation. When the issue was still not resolved, the matter was taken to MahaRERA for intervention.
🏗️ Developer Denies Responsibility
During the hearing, the developer denied responsibility for the defects and argued that the issues were caused by maintenance problems or modifications carried out by the residents themselves.
The builder also claimed that the homeowners had not allowed proper access for repair work. However, these claims were challenged by the complainants, who presented inspection findings suggesting that the defects were linked to faulty waterproofing and terrace slab seepage.
🔍 Inspection Findings Support Homebuyers
The inspection reports played a key role in the case. The findings suggested that the leakage and seepage problems were likely due to construction-related defects, rather than maintenance issues.
MahaRERA also observed that the developer failed to submit any strong technical evidence or expert report to prove that the problems were caused by the residents.
🏠 MahaRERA’s Final Order
After reviewing the evidence, MahaRERA ruled in favor of the homeowners and directed the developer to repair the structural defects within 30 days at its own cost.
The authority referred to Section 14(3) of the Real Estate (Regulation and Development) Act, which makes developers responsible for fixing structural defects within five years from the date of possession.
👉 The order also states that if the developer fails to carry out the repairs within the given timeline, the homeowners can undertake the repairs themselves and recover the costs from the builder legally.
✨ This ruling reinforces the accountability of developers and highlights the legal protections available to homebuyers facing construction defects in newly purchased flats.
Source:
🏢 MahaRERA Cracks Down On Builder Over Structural Defects In Borivali Flats