Maharashtra RERA Orders PHADB to Fix Structural Defects in Pune Housing Project
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the Pune Housing and Area Development Board (PHADB) to rectify structural defects in a housing project within 30 days. The homebuyer had raised multiple issues, including water seepa
Maharashtra ReraPhadbStructural DefectsHomebuyer ComplaintsReal Estate RegulationReal Estate MaharashtraNov 25, 2024
The Maharashtra Real Estate Regulatory Authority (MahaRERA) bench, presided over by Mahesh Pathak, has directed the Pune Housing and Area Development Board (PHADB) to rectify structural defects in a housing project within 30 days. The directive comes after a homebuyer, Sharad Agrawal, filed a complaint citing numerous defects and issues that have persisted for years.
Facts
Sharad Agrawal, the homebuyer, purchased a flat in a project constructed by PHADB, located in Haveli, Pune. Since taking possession, Agrawal has faced multiple issues, including water seepage and leakage at various points inside the flat. Despite informing the Maharashtra Housing and Area Development Authority (MHADA) officials multiple times and submitting several letters from 2018 to 2021, the problems remained unresolved.
Agrawal detailed the issues, including construction defects, improper installation of doors, and water leakage in the common bathroom and bedroom ceilings. Despite repeated attempts to get these issues fixed, PHADB failed to take any action. Frustrated by the lack of resolution, Agrawal filed a complaint with MahaRERA, seeking rectification of the deficiencies and compensation.
Observation and Direction by Authority
MahaRERA referred to Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, which states
> In case any structural defect or any other defect in workmanship, quality, or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, 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.
The authority noted that since the project was granted the occupancy certificate by the municipal corporation in 2018, it falls within the 5-year defect liability period. Therefore, PHADB is legally obligated to rectify the structural defects pointed out by the homebuyer within 30 days.
Impact and Future Implications
This decision sets a precedent for other homebuyers facing similar issues with their housing projects. It emphasizes the importance of timely and effective resolution of structural and construction defects, ensuring that homebuyers receive the quality and service they paid for. MahaRERA's directive also highlights the regulatory body's commitment to upholding the standards set by the Real Estate (Regulation and Development) Act, 2016.
Conclusion
The directive by MahaRERA to PHADB to rectify the structural defects within 30 days is a significant step towards ensuring that homebuyers' rights are protected. It underscores the need for accountability and compliance in the real estate sector, reinforcing the authority's role in safeguarding the interests of consumers.
Case Details- Homebuyer Sharad Agrawal- Developer Pune Housing and Area Development Board (PHADB)- Location Haveli, Pune- Complaint Number CC005000000106546- Date of Decision 11.11.2024
For more details, you can read or download the order from the official MahaRERA website.
Frequently Asked Questions
What is the Maharashtra Real Estate Regulatory Authority (MahaRERA)?
MahaRERA is a regulatory body established under the Real Estate (Regulation and Development) Act, 2016, to protect the rights of homebuyers and ensure transparency and accountability in the real estate sector in Maharashtra.
What are the defects that Sharad Agrawal reported?
Sharad Agrawal reported several issues, including water seepage, leakage at multiple points, construction defects, and improper installation of doors, particularly in the common bathroom and bedroom ceilings.
What is the 5-year defect liability period mentioned in the Act?
The 5-year defect liability period, as per Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, is the timeframe within which the promoter is obligated to rectify any structural or other defects in the project without additional charges.
What action did MahaRERA take against PHADB?
MahaRERA directed PHADB to rectify the structural defects in the housing project within 30 days, as per the complaints raised by the homebuyer.
Can homebuyers seek compensation if defects are not rectified within the stipulated time?
Yes, if the promoter fails to rectify the defects within the 30-day period, homebuyers are entitled to receive appropriate compensation as provided under the Real Estate (Regulation and Development) Act, 2016.
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