In a ruling that reinforces homebuyers’ rights, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a Mumbai builder to inspect and repair leakage issues in a flat even years after handing over possession.
In its order dated 4 May 2026 in Complaint No. CC006000000209782, Member Ravindra Deshpande partly allowed the complaint filed by Usha Khanderao Navale against M/s. Sanskruti Nirman Private Limited and its directors regarding Flat No. 1303 in the “Sanskruti Splendour” (also called Anurag Mansion) project at Dahisar (East), Mumbai.
While the Authority rejected most of the buyer’s other demands, it upheld the statutory obligation of the promoter to rectify structural defects under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
What the Homebuyer Sought
Usha Khanderao Navale purchased the flat through a registered Agreement for Sale dated 23 July 2018. She alleged that the builder failed to:
- Allot a designated car parking space
- Issue a proper revised possession letter
- Clear all statutory dues up to the date of possession
- Provide a solar system for the society
- Construct a proper side safety compound wall (steel sheets were installed instead)
- Rectify persistent leakage in the side walls of her flat
She submitted photographs showing the leakage and terrace issues as evidence.
Builder’s Defence
The promoter argued that:
- The buyer had opted for “zero vehicle parking space” in the Agreement and paid no extra consideration.
- Possession was offered in November 2021 (before the agreed December 2021 date) and the project received Occupancy Certificate on 31 July 2021.
- Common amenities like solar system and compound wall were never promised and the project was built as per sanctioned plans.
- Leakage issues, if any, were not structural and could be due to post-possession alterations or wear and tear.
MahaRERA’s Key Decision
| Issue | Ruling | Reason |
|---|---|---|
| Car Parking | Rejected | Agreement clearly mentioned “zero vehicle parking space”. No payment made. |
| Solar System & Compound Wall | Rejected | Common area issues; must be raised by Association of Allottees, not individual buyer. |
| Statutory Dues & Possession Letter | No relief | Possession already handed over and buyer is residing in the flat. |
| Leakage / Structural Defects | Allowed (Limited Relief) | Builder directed to conduct joint inspection within 30 days. If defect is structural or due to poor workmanship, repair must be done at builder’s cost within next 30 days. |
Strong Message on Defect Liability
MahaRERA emphasised that under Section 14(3) of the RERA Act, the promoter remains liable to rectify structural defects, defects in workmanship, or quality of services for five years from the date of handing over possession — even after the Occupancy Certificate is issued and the buyer has moved in.
The Authority ordered a joint inspection of Flat 1303. If the leakage is found to originate from external walls due to construction deficiencies, the builder must fix it free of cost.
No costs were awarded to either party.
Important Lessons for Homebuyers Across Maharashtra
- Defect Liability is Powerful: Even after possession and OC, builders can be forced to repair structural leakages and major defects for up to 5 years.
- Agreement for Sale is Crucial: Claims for parking or specific amenities will not succeed if they are not mentioned in the Agreement and no payment was made.
- Common Amenities: Issues affecting the entire society (solar system, compound wall, etc.) should ideally be taken up by the Residents’ Welfare Association.
- Maintain Records: Photographs and timely written complaints help strengthen your case before RERA.
This order strikes a balance — it protects genuine construction defect complaints while preventing buyers from reopening issues that were clearly not part of the original deal.
Order Status: Complaint partly allowed. Builder has 60 days (30 days for inspection + 30 days for repairs, if required) to resolve the leakage issue.
Also Read: 🚨 MahaRERA Cracks Down on 8,212 Projects for Non-Compliance, Threatens Cancellation & Bank Freezes
