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

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

The post Builder Must Fix Leakage in Flat Even After Possession: MahaRERA Orders Rectification at Builder’s Cost appeared first on Square Feat India.