Maharashtra RERA Directs Pune Housing And Area Development Board To Rectify Structural Defects In The Project
Maharashtra Real Estate Regulatory Authority (Authority) bench comprising Mahesh Pathak (Member) has directed the Pune Housing and Area Development Board (PHADB) to rectify the structural defects in the project within 30 days. Background Facts Homebuyer (Complainant) purchased a flat in a project constructed by the Pune Housing and Area Development Board (Respondent) located in...
Maharashtra Real Estate Regulatory Authority (Authority) bench comprising Mahesh Pathak (Member) has directed the Pune Housing and Area Development Board (PHADB) to rectify the structural defects in the project within 30 days.
Background Facts
Homebuyer (Complainant) purchased a flat in a project constructed by the Pune Housing and Area Development Board (Respondent) located in Haveli, Pune.
Homebuyer mentioned that he is facing problems related to water seepage and leakage at multiple points inside his flat and has informed Maharashtra Housing and Area Development Authority (MHADA) officials multiple times. Furthermore he submitted several letters regarding these issues during the period from 2018 to 2021.
Homebuyer contended that even after providing a summary of the problems occurring inside his flat since possession, such as construction defects and improper installation of items like doors, and water leakage in the common bathroom and common bedroom ceiling, none of these issues were rectified by the PHADB.
Therefore, being aggrieved, the homebuyer filed a complaint before the authority seeking rectification of the deficiencies in the project and compensation.
Observation and Direction by Authority
Regarding the issue of rectifying the structural defects in the project, the authority referred to Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, which reads as follows:
14. Adherence to sanctioned plans and project specifications by the promoter
(3) In case any structural defect or any other defect in workmanship, quality, or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of the promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.
The authority observed that as per Section 14(3) the builder is obligated to rectify structural defects or any other defects in workmanship in the project for a period of 5 years from the date of handing over possession.
The authority noted that since this complaint falls within the 5-year period as the project was granted the occupancy certificate by the municipal corporation in 2018 the project is under the defect liability period.
Therefore, the authority directed PHADB to rectify the structural defects pointed out by the homebuyer within 30 days.
Case – Sharad Agrawal Versus Pune House & Area Development Board, MHADA
Citation – Complaint No. CC005000000106546
Date – 11.11.2024