In a significant order reinforcing homebuyers’ rights under the Real Estate (Regulation and Development) Act, 2016 (RERA), the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the promoter of the Godrej 24 project at Hinjawadi, Pune, to permanently rectify seepage and structural defects in an allotted flat, invoking Section 14(3) of RERA.
The direction came while disposing of a set of four complaints filed against Pearlite Real Properties Private Limited, the promoter of the project registered under MahaRERA No. P52100001005. While three complaints were rejected on different legal grounds, MahaRERA partly allowed one complaint solely on the issue of seepage, underlining that a promoter’s responsibility for structural defects continues even after possession.
The Seepage Complaint: What the Homebuyer Alleged
The seepage-related grievance arose from Complaint No. CC12502913, filed by an allottee of Flat No. 1402, Building G1, who had taken possession of the flat in August 2022.
The homebuyer alleged that:
- Severe seepage in the living room was noticed from November 2021
- The issue was repeatedly reported to the promoter with photographs
- The complaint was raised well within the defect liability period
- Despite multiple site visits, the promoter only carried out temporary and cosmetic repairs, such as repainting and removal of damp plaster
- The seepage continued to recur, affecting habitability and interior finishes
Builder’s Defence: Repairs Were Done
The promoter argued that:
- The seepage issue was attended to on multiple occasions
- The defect was linked to waterproofing problems in the flat above
- Necessary repair work was undertaken and would continue as required
- Therefore, no further relief was warranted
However, MahaRERA was not convinced.
MahaRERA’s Key Finding: Temporary Repairs Are Not Enough
After examining submissions and records, MahaRERA held that repeated recurrence of seepage itself indicates that the root cause has not been resolved.
The Authority observed that:
- Section 14(3) of RERA imposes a statutory and continuing obligation on promoters
- Merely carrying out surface-level repairs does not amount to compliance
- The promoter’s responsibility continues until permanent rectification is achieved
This interpretation is crucial, as seepage and waterproofing defects are among the most common post-possession complaints faced by homebuyers across projects.
Section 14(3) of RERA Explained Simply
Under Section 14(3) of RERA:
- If a structural defect or defect in workmanship, quality, or services is brought to the promoter’s notice
- Within five years from the date of possession
- The promoter must rectify the defect at its own cost
- Within 30 days, failing which compensation becomes payable
MahaRERA reaffirmed that this provision applies even after possession, and promoters cannot evade liability by claiming that the flat has already been handed over.
The Final Direction
MahaRERA ordered that:
- The promoter must permanently rectify the seepage and structural defects
- Entirely at its own cost
- Within 30 days from the date of the order (2 January 2026)
The Authority further warned that:
- Non-compliance would attract penal action under Section 63 of RERA, which deals with penalties for failure to comply with Authority’s directions
Why This Order Matters for Homebuyers
This ruling sends a clear message to both developers and homebuyers:
- Possession does not end a builder’s liability for construction defects
- Cosmetic fixes cannot be passed off as permanent solutions
- Section 14(3) is an enforceable remedy, not a symbolic provision
- Homebuyers can approach MahaRERA for effective relief, even years after possession, provided the complaint falls within the defect liability period
Bigger Implication
By strictly enforcing Section 14(3), MahaRERA has reaffirmed that quality of construction is a continuing responsibility, and that promoters cannot rely on delay, possession, or partial repairs to avoid accountability. The order is likely to guide similar seepage and structural defect disputes across Maharashtra.
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