In a significant ruling for a homebuyer, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed Mohan Lifespaces LLP, the developer of the “MOHAN NANO ESTATES III” project, to rectify structural defects in a flat owned by Palvinder Singh. The final order, issued on June 30, 2025, by Chairperson Manoj Saunik, addresses a complaint filed by the aggrieved allottee.
The complainant, Palvinder Singh, had sought various reliefs, including a full refund with interest and compensation for mental harassment, as well as the resolution of persistent structural issues such as water leakages, tile cracks, and wall cracks in his flat.
MahaRERA, however, denied the request for a refund under Section 18 of the Real Estate (Regulation and Development) Act, 2016. The Authority observed that the Occupancy Certificate (OC) for the project was issued on January 17, 2020, prior to the stipulated possession date (including a six-month grace period) of June 30, 2020, as per the agreement for sale. Furthermore, the complainant took possession of the flat on March 8, 2021, well after the two-month period mandated by Section 19 of the Act for allottees to take possession after OC issuance. MahaRERA concluded that the project was completed within the agreed timeline, and any delay in taking possession was not attributable to the promoter, especially since possession was accepted without protest.
Despite denying the refund, the Authority found merit in the complainant’s plea regarding structural defects. A survey report dated October 26, 2024, submitted by the complainant, evidenced the presence of wall cracks and joint openings. Citing Section 14(3) of the Act, MahaRERA reiterated the promoter’s duty to rectify such defects within five years from the date of handing over possession, without additional charge, and within thirty days of being notified.
Given that the complaint was filed on May 1, 2024, well within the five-year statutory period from the possession date of March 8, 2021, MahaRERA directed Mohan Lifespaces LLP to rectify the identified structural defects in the flat within thirty days from the date of the order, bearing all costs.
All other reliefs sought by the complainant were rejected, and no order as to cost was made. This ruling underscores MahaRERA’s commitment to ensuring developers address post-possession structural issues, providing crucial relief to homebuyers facing such challenges.
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