🏠 Years After Possession, Residents Still Await Permanent Repairs and Safety Measures
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed L&T Parel Project LLP to address several long-pending construction and safety-related issues at Crescent Bay, Parel, Mumbai. The order comes after the housing society raised concerns regarding unresolved defects despite residents having taken possession of their homes years ago.
The case highlights an important issue for homebuyers and housing societies: possession of a property does not necessarily mean that a developer’s responsibilities towards reported defects and pending works are automatically over.
💧 Persistent Leakage Issues Remain a Concern
One of the major complaints raised by the society related to recurring water leakages. Residents had reportedly faced leakage-related problems even after possession, with the society seeking proper and permanent rectification from the developer.
MahaRERA directed the developer to address these issues appropriately rather than relying on temporary repairs. For housing societies, recurring leakage can become a serious concern as it may affect walls, ceilings, common areas and other parts of the building if not properly resolved.
🔥 Fire Safety Work Also Needs Completion
The authority also addressed concerns regarding the building’s fire-safety infrastructure. L&T was directed to complete the pending installation of an automatic fire alarm system.
Fire-safety systems are essential components of any residential project, particularly in high-rise buildings. The direction reinforces the need for developers to ensure that safety-related commitments and required infrastructure are properly completed and maintained.
🏗️ Deficiencies in Tower 5 and Common Areas
The society had also raised several complaints concerning Tower 5 and its common areas. Some deficiencies continued to remain unresolved despite repeated communication and follow-ups.
MahaRERA’s intervention demonstrates that housing societies can approach the regulatory authority when construction-related deficiencies remain unresolved and the developer does not adequately address legitimate complaints.
⚖️ Defect Liability Period: An Important Aspect
A significant point in the matter was the society’s contention that the defects had been reported within the applicable defect liability period.
The subsequent expiry of the defect liability period could not, by itself, erase the significance of complaints that had already been raised during the relevant period. This is an important consideration for homebuyers and societies dealing with construction defects after possession.
📑 It also underlines why societies should maintain proper documentation of complaints, communications, inspection reports and follow-ups with developers.
📍 Project Boundary and Other Works
MahaRERA also directed the developer to properly demarcate the project boundary, including the required cement poles along the boundary area.
Such directions may appear administrative, but proper identification and demarcation of project and common areas can be important for housing societies, particularly where questions arise regarding the use, maintenance or ownership of different portions of a development.
💰 Recovery of Outstanding Dues
The order further dealt with outstanding dues from neighbouring towers. Directions were issued for the recovery of dues and for the recovered amount to be credited towards the society’s common area fund.
This highlights another important aspect of large residential developments, where multiple towers or societies may share common infrastructure and expenses. Timely recovery of dues can be crucial for maintaining common facilities and meeting ongoing maintenance requirements.
🏠 What This Means for Housing Societies
The Crescent Bay matter offers several practical lessons for housing societies and flat owners.
Societies should document defects as soon as they are noticed, communicate complaints to the developer in writing and maintain records of all correspondence and follow-ups. Where defects are reported within the applicable period, maintaining evidence of when and how the complaint was raised can become particularly important.
The matter also reinforces the broader principle that developers may continue to face accountability for unresolved defects and pending obligations where the relevant complaints and claims were raised appropriately.
✅ Key Takeaway
The MahaRERA direction in the Crescent Bay matter serves as an important reminder that possession is not necessarily the end of a developer’s obligations.
Construction defects, safety-related deficiencies and pending commitments must be properly addressed, particularly when they have been reported by residents within the applicable legal framework.
For housing societies, timely documentation, written communication and proper follow-up remain essential tools for protecting residents’ interests and ensuring that developers fulfil their responsibilities.
🏢 MahaRERA Directs L&T to Fix Long-Pending Defects at Crescent Bay, Parel