Himachal RERA Rejects Homebuyer's Structural Defect Complaint Filed More Than 10 Years After Taking Possession

However, the Authority found that the project in which the homebuyer purchased a flat was eligible to be registered under Section 3 of RERA, 2016. Therefore, the Authority directed the builder to register the project with RERA within one month.

Background Facts

The homebuyer's (Complainant) father purchased a flat in the builder's (Respondent) project situated in Solan, Himachal Pradesh. The sale deed for the flat was executed on September 25, 2014.

The flat was described in the sale deed as having one bedroom, one drawing room cum dining room, one kitchen, two toilets cum bathrooms, and a balcony. However, the flat provided only one bathroom and no balcony.

The homebuyer contended that the flat was constructed over an area originally designated for parking, as shown in the building plan. Due to this violation, the tax assessment of the flat could not be done, preventing the payment of property tax.

When the homebuyer complained, the builder promised to replace the flat, but this was never done. The homebuyer's father developed pneumonia during his stay in the flat and subsequently passed away.

The homebuyer also contended that the builder had constructed more than 15 blocks (each containing 12-13 flats) in areas approved only for parking. Additionally, the builder misled the RERA Authority by falsely claiming that only three apartments were constructed on a total area of 263 sq.m to avoid registration/approval from RERA.

Therefore, being aggrieved, the complainant filed a complaint before the authority seeking a new flat as per the terms of the sale deed, a dedicated 1000-liter water tank with assured water supply, parking, plumbing facilities, and tax assessment of the property.

Observation and Direction by Authority

On the issue of whether the project meets the requirements for registration under RERA, the Authority referred to the Municipal Corporation Solan report and noted that there are a total of 28 buildings in the project, spread over an area of approximately 11,683 square meters.

Therefore, the Authority held that the project must be registered under Section 3(2) of RERA, 2016, which states that a project with a total area exceeding 500 square meters or more than 8 apartments must be registered with RERA if no completion certificate has been granted to the project before the implementation of RERA, 2016.

On the issue of structural defects and builder obligation, authority referred to Section 14(3) of RERA, 2016, which says that if a structural defect or other issues are reported within five years, the builder must fix them within thirty days.

Therefore, Authority held that since the homebuyer took possession of the flat on 25.09.2014, the relief sought cannot be granted as the complaint was filed after ten years, making it time-barred.

Case – Abeer Sharma Versus Sushma

Citation – Complaint No. HPRERA2024007/C

Date – 22/11/2024