Telangana RERA Orders Builder To Fix Structural Defect Arising Out Of Project

Background Facts

The Homebuyer, who purchased his flat in September 2019, raised grievances against the Builder, regarding construction quality, false promises, project delays, and unfulfilled amenities. Despite the RERA registration expiring ten months ago, construction and handover of possession remain incomplete.

The agreement signed on September 29, 2019, entitled the Homebuyer to receive rent at Rs. 5 per square foot from September 29, 2020, to September 29, 2021. This rent remains unpaid, and repeated renewal attempts were ignored by the Builder. After several arguments, a delayed rent of Rs. 2.5 lakhs were settled last month.

Living conditions in G-Block are deplorable, with dust issues, poor maintenance, and a non-functional lift. Several promised features, such as plastering, door polish, painting, intercom, and electrical wiring, remain incomplete. The Homebuyer undertook most internal work at his own expense, including plastering, painting, intercom installation, and electrical wiring, without compensation.

The Homebuyer paid Rs. 1.5 lakhs for a club membership fee, which has not been handed over to the association. Additionally, amenities such as the STP plant, intercom, designer landscape, drainage and garbage management, 24-hour security, deluxe construction, solar fencing, car wash area, and children's play area are missing.

The Homebuyer alleges false information on the RERA website and lists unresolved issues in G-Block, including parking allotment, construction waste removal, lift functionality, painting, cleaning, electrical corrections, and seepage problems. Therefore, the Homebuyer seeks the authority's intervention to address the issues in G-Block and direct the Builder to fulfill all promised amenities as outlined in the project brochure.

Observation and Direction of the Authority

To reach a conclusion, the Authority referred to the inspection report, which was conducted at their direction for the inspection of Block G of the project. The 04.03.2024 inspection report highlighted multiple structural flaws in the project: single-coated paint areas needing double coating, electrical wiring not meeting standards, absent intercom facilities, safety risks from an accessible transformer area, non-functional STP machinery, severe seepage in basements and pool area, water ingress in cellar and lift pits, improper Manjeera water connections, missing clubhouse furniture and gym equipment, absent CCTV cameras, incomplete landscapes, replaced play area with parking, lacking signboards, damaged pathways, and missing project documents submitted to the society.

Therefore, the authority directed the Builder to rectify identified defects within 60 days. These include applying double coating where needed, ensuring electrical wiring meets standards, providing Intercom connections, and erecting a compound wall near the transformer area for child safety.

Additionally, Authority directed the Builder to ensure proper operation of STP machinery and rectify structural defects causing seepage in basements and the pool area. Steps must be taken to prevent water ingress in cellar and lift pits with proper flooring and drains. Separate Manjeera water connections for each block, drilling for an additional borewell, and providing minimal furniture and gym equipment for the clubhouse are also mandated. Installation of CCTV cameras in common areas, adherence to sanctioned plans for landscaping, inclusion of a play area, and provision of signboards in driveways and parking areas are essential. Furthermore, repairing damaged pathway tiles and promptly submitting all original project documents to the society are required actions.

Case Title: Sri Nishanth Garikipati & Ors. vs. M/s Shiva Shakthi Constructions

Citation: Complaint No.1834 of 2023