Himachal RERA Rejects Late Homebuyer's Structural Defect Complaint
The Himachal Pradesh Real Estate Regulatory Authority (Himachal RERA) has rejected a homebuyer's complaint regarding structural defects in a flat due to the complaint being filed more than ten years after taking possession. However, the Authority has dire
Himachal ReraStructural DefectsHomebuyer ComplaintRera RegistrationReal Estate RegulationReal EstateDec 04, 2024
The Himachal Pradesh Real Estate Regulatory Authority (Himachal RERA) bench, presided over by Justice Srikant Baldi, has dismissed a complaint from a homebuyer regarding structural defects in a flat. The complaint was deemed time-barred as it was filed more than ten years after the homebuyer took possession of the flat. However, the Authority has directed the builder to register the project under the Real Estate (Regulation and Development) Act, 2016 (RERA), 2016, within one month.
Facts
The homebuyer, whose father originally purchased the flat, bought a property in a project located in Solan, Himachal Pradesh. The sale deed, executed on September 25, 2014, described the flat as having one bedroom, one drawing room cum dining room, one kitchen, two toilets cum bathrooms, and a balcony. However, the delivered flat only had one bathroom and no balcony.
The homebuyer argued that the flat was constructed over an area originally designated for parking, as evidenced by the building plan. This violation prevented the tax assessment of the flat, hindering the payment of property tax. The builder had promised to replace the flat but failed to do so. Tragically, the homebuyer's father developed pneumonia during his stay in the flat and passed away.
Further, the homebuyer alleged that the builder constructed more than 15 blocks (each containing 12-13 flats) in areas approved only for parking. The builder also misled the RERA Authority by falsely claiming that only three apartments were built on a total area of 263 square meters to avoid registration and approval from RERA.
Complainant's Demands
Aggrieved by these issues, the homebuyer filed a complaint seeking a new flat as per the terms of the sale deed, a dedicated 1000-liter water tank with assured water supply, parking, plumbing facilities, and tax assessment of the property.
Authority's Observations and Directions
The Authority reviewed the project's eligibility for registration under RERA. Referring to the Solan Municipal Corporation report, they noted that the project comprises 28 buildings spread over approximately 11,683 square meters. The Authority concluded that the project must be registered under Section 3(2) of RERA, 2016, which stipulates that projects with a total area exceeding 500 square meters or more than 8 apartments must be registered with RERA if no completion certificate has been granted before RERA's implementation.
Regarding the structural defects and builder obligations, the Authority cited Section 14(3) of RERA, 2016, which requires builders to address structural defects or other issues reported within five years of possession within thirty days. Since the homebuyer took possession on September 25, 2014, and the complaint was filed more than ten years later, the relief sought could not be granted, making the complaint time-barred.
Case Details
- Case Abeer Sharma Versus Sushma- Citation Complaint No. HPRERA2024007/C- Date 22/11/2024
Conclusion
While the homebuyer's complaint was dismissed due to the time-bar, the Himachal RERA's directive to register the project under RERA ensures greater regulatory oversight, potentially benefiting future homebuyers in the project.
Frequently Asked Questions
Why was the homebuyer's complaint dismissed by Himachal RERA?
The complaint was dismissed because it was filed more than ten years after the homebuyer took possession of the flat, making it time-barred under RERA regulations.
What did the homebuyer's father purchase in Solan, Himachal Pradesh?
The homebuyer's father purchased a flat in a builder's project located in Solan, Himachal Pradesh, as per the sale deed executed on September 25, 2014.
What requirements must a project meet to be registered under RERA?
A project must be registered under RERA if it has a total area exceeding 500 square meters or more than 8 apartments and no completion certificate has been granted before RERA's implementation.
What did the Authority direct the builder to do after reviewing the project?
The Authority directed the builder to register the project under RERA within one month.
What are the key issues raised by the homebuyer in the complaint?
The homebuyer raised issues such as the flat having only one bathroom and no balcony, being constructed over a parking area, and the builder's false claims to avoid RERA registration.
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