Bengaluru Homebuyer Secures KRERA Relief for Water Seepage Issues

A Bengaluru homebuyer has won relief from the Karnataka Real Estate Regulatory Authority (KRERA) over recurring water seepage issues in his apartment. KRERA has directed the developer, Smart Value Homes Pvt Ltd, to carry out permanent repairs.

The developer is directed to resolve the water seepage issue in the flat located in New Haven Bengaluru Phase V, situated in Dasanapura Hobli in Bengaluru North, as per the KRERA order.

In this case, the buyer booked a flat in New Haven Bengaluru Phase V, with the sale deed executed in December 2023. Soon after taking possession, the buyer noticed water seepage through the walls. Although the developer initially attempted repairs, the issue resurfaced. The buyer observed the same issue in May 2024 and informed the developer, but received no response, according to the KRERA order.

With no response from the developer, the buyer approached KRERA seeking relief. The developer stated that he had received an email from the buyer regarding the seepage issue and claimed it was addressed by applying sealant in November 2024. However, after reviewing the evidence, KRERA observed that the buyer had reported the seepage issue after the execution of the sale deed and had informed the developer.

Having regard to all these aspects, KRERA concluded that the developer is entitled to the reliefs claimed. Accordingly, the developer is directed to resolve the water leakage issue within two months.

In another 2024 case, KRERA had ruled that developers are obligated to repair any structural defects in a project for up to five years after the formation of the residents' association and handover of the project to allottees. The case involved a homebuyer in SNR Verity, located in Sarjapur, Bengaluru, who approached KRERA after the developer, SNR Square Pvt Ltd, failed to address rainwater seepage in his apartment.

In its order dated June 13, 2024, KRERA clarified that even after a residents' association takes over project maintenance, the developer remains responsible for rectifying structural defects for five years post-possession. Legal experts note that if a buyer reports any structural defect or issues related to workmanship, quality, services, or building provisions within five years from the date of possession, the developer is legally obligated to rectify it at no additional cost within 30 days.

It shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of the promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act, as stated in Section 14(3) of the Act.

Many buyers believe that once they take possession, the builder is off the hook. However, that's not true under RERA. The five-year clause provides a crucial safety net. Homebuyers can approach RERA or the consumer court for relief in such cases, said Akash Bantia, an advocate practicing before KRERA.

The rule applies to all RERA-registered projects and covers not only major structural defects but also services promised in the sale agreement such as plumbing, electricals, flooring, and common area amenities. However, some contracts exclude items like electrical and plumbing work. In such cases, buyers must carefully review the agreement, he added.

Legal experts advise homebuyers to promptly report any issues to the builder and keep written records of all communications. If the builder fails to resolve the problem, buyers can escalate the matter by filing a formal complaint with the state RERA authority, either online or offline.