Telangana RERA Directs Homebuyers To Approach Local Authority For Demolition Of Unauthorized Penthouse Constructed By Builder

Background Facts

The homebuyers (Complainants), who are flat owners in the builder's (Respondent) project named Krishna Mahalaxmi Nilayam, allege that the builder is constructing an unauthorized penthouse on their building's terrace without proper approvals, causing inconvenience to their terrace rights.

Additionally, the homebuyers report issues with the construction quality, including poor plumbing leading to water and drainage problems, visible cracks on walls, inadequate parking tiles, and low-quality doors.

Therefore, the homebuyers filed complaint before the authority seeking action to halt the illegal penthouse construction, resolve quality issues, and demolish the unauthorized penthouse.

Contentions of Builder

The builder contended that the room on the terrace was originally constructed as a shelter for workers during the construction phase. The builder refused the allegation of a penthouse being constructed and mentioned that the room was later converted into a maintenance office.

Observation and Direction by Authority

The Authority observed that the unauthorized penthouse is liable to be demolished, and appropriate action shall be taken by the local authority. Therefore, the Authority directed the homebuyers to approach the local authority to seek further action.

The Authority observed that under Section 14(3) of the Real Estate (Regulation and Development) Act, any structural defect or any other defect in workmanship, quality, or provision of services shall be rectified by the builder within a period of five years from the date of possession of the unit.

The Authority noted that the builder entered into registered sale deeds with all the homebuyers during the period from 2022 to 2023, therefore, as per Section 14(3) of RERA, 2016, the builder is liable for any structural defects that may arise in the project.

Therefore, the Authority directed the builder to rectify all the defects raised by the complainants within 60 days.

Case – Sri.Krishna Nilyam Residents Versus M/s Mahalaxmi Construction

Citation - COMPLAINT NO.104 OF 2024