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In a first of its kind case, Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Maharashtra Housing and Area Development Authorityโs Pune Board to fix structural defects in a Pune flat that was part of the MHADA housing draw in 2018. The homebuyer had filed a complaint before MahaRERA against MHADA over alleged defects in the flat.
The case
Sharad Agrawal was allotted the flat in Haveli, Pune district, in the MHADA housing draw through a registered possession letter on July 3, 2018 for which the occupation certificate (OC) was received by MHADA from Pimpri Chinchwad Municipal Corporation.
The same year the homebuyer had raised a complaint relating to water seepage/leakage issues inside the flat and had written several letters to MHADA during the period from 2018-2021.
In the complaint filed before MahaRERA, the flat owner had alleged that the apartment suffered from several discrepancies such as multiple construction defects, improper installation of doors, water leakage in common bathroom, common bedroom ceiling since the time of handover of the unit. He had thereafter sought compensation on account of these deficiencies in services as provided under section 14(3) of the Real Estate Regulatory Act, 2016.
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MHADA’s defence
MHADA’s Pune Board appeared for the hearing in April 2024 and informed the MahaRERA that it had rectified the leakage issue, painting and damaged plaster in the complainantโs flat. This was accepted by the homebuyer during the course of hearing.
However, the homebuyer contended that issues relating to solar fitting, fire fighting equipment and water supply in the project remain to be addressed.
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MahaRERA’s order
According to MahaRERA, section 14(3) of the RERA, clearly provides that the developer is under obligation to rectify the structural defects or any other defects in workmanship in the project for a period of five years from the date of handing over of the possession. In this case the present complaint is filed within the said defect liability period as provided under the aforesaid provisions of section 14(3) of the RERA i.e. within the five year period.
The MahaRERA order stated that the buyer needs to intimate such structural defects in writing to the developer and the latter is under obligation to rectify the same within a period of 30 days.
However, in this case, the record shows that the homebuyer has not submitted any proof on record of MahaRERA to show that the MHADA had violated the aforesaid provisions of the RERA and had failed to rectify the said defects within a stipulated time period of 30 days. Hence, at this stage the buyer cannot claim any compensation under section 14(3) of the RERA. Needless to state here that the complainant is not entitled to raise any common issue, it said.
In the November 11 order, MahaRERA directed the homebuyer to inform the developer about the pending structural defects in the said flat within a period of 30 days from the date of the order.
The MahaRERA also directed MHADA to rectify the structural defects within a further period of 30 days failing which the homebuyer would be entitled to agitate his claim towards the compensation as per section 14(3) of the RERA.
An email sent to MHADA on the MahaRERA order did not get any response.
Also Read: MahaRERA makes โQuality Assurance Certificateโ mandatory for builders
The Maharashtra Real Estate Regulatory Authority (MahaRERA) on August 16 amended the MahaRERA rules making it mandatory for real estate developers to submit a third party quality assurance certificate to the regulatory authority at the end of every fiscal and publish it on their respective websites.
