In a significant win for housing society residents, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered Cosmos Homes India Pvt. Ltd. to carry out comprehensive structural repairs in its “Cosmopolis Phase 1” residential project located in Andheri, Mumbai. The order comes in response to a complaint by Cosmopolis CHS and one of its members, Anil Sethi, over persistent construction defects.
The MahaRERA directive, issued by Hon’ble Member Mahesh Pathak, mandates the developer to rectify all structural defects outlined in a professional audit report by July 2025—failing which penal action may follow.
Leakages, Lift Failures, and Unsafe Living Conditions
The society, formed in 2018 after possession began in late 2017, alleged severe construction defects including chronic leakages, damaged lifts due to water seepage, and rodent infestations. A structural audit in April 2022 pegged repair costs at over Rs. 70 lakh plus 18% GST, citing safety hazards and widespread deterioration.
Despite an initial meeting between the builder and society in July 2022 and limited repair work in 2023, the developer failed to complete the remaining work, as confirmed in a society letter dated April 2023.
Complaint Filed Under RERA Section 14(3)
Although the complaint was filed slightly beyond the five-year defect liability period stipulated under Section 14(3) of the Real Estate (Regulation and Development) Act, MahaRERA noted that the structural defects were formally communicated within the valid period via a legal notice dated September 11, 2022.
The builder did not file a formal response despite repeated opportunities and remained absent from final hearings.
MahaRERA’s Order
MahaRERA has:
- Allowed the complaint in favour of the society.
- Directed the developer to complete all corrective work within 2 months.
- Warned of strict penal action under Section 63 of RERA if the order is not complied with.
- Instructed the society to cooperate with the developer for smooth execution.
This order is being seen as a landmark step toward accountability in post-possession construction issues and a reinforcement of homebuyers’ rights.
