MahaRERA Orders Baner Builder to Rectify Defects and Provide Amenities in EL-Homes Project

The dispute arose over Flat No. 208 in the EL-Homes project at Baner, where the couple alleged that despite paying nearly ₹47.67 lakh out of the total package cost of ₹50.01 lakh, they were handed a defective apartment without proper legal possession documents. They told MahaRERA that the flat suffered from multiple defects including leakage, poor tile work, drainage problems, exposed wiring, faulty fittings, and persistent foul odour in the bathrooms. Waghmare moved a plaint via Advocate Nilesh Borate in MahaRERA.

The complainants further claimed that although the builder had collected ₹4.50 lakh toward amenities, promised facilities including a gym were never provided. They also alleged that the actual carpet area of the flat was significantly less than what had been promised in the registered agreement, resulting in a shortfall of 14.46 square metres, and sought compensation along with reimbursement of ₹89,000 spent on repairs and damaged furniture.

Appearing for the homebuyers, Advocate Nilesh Borate argued that the developer had failed to discharge statutory obligations under the Real Estate (Regulation and Development) Act, 2016, despite repeated requests from the purchasers. He submitted that the defects were reported well within the five-year liability period and that the promoter was legally bound to rectify them.

The developer, represented by counsel, strongly opposed the complaint and accused the buyers of suppressing facts. The builder claimed the complaint had been amended after nearly two-and-a-half years to delay proceedings and alleged that the buyers had unlawfully entered the flat under the pretext of fit-out possession. The respondent also argued that the alleged defects were either exaggerated or caused by the complainants themselves and insisted that the buyers still owed more than ₹2.33 lakh in outstanding dues.

The builder further denied the allegation of reduced carpet area and maintained that the claims regarding missing amenities and defective workmanship were unsupported and intended only to avoid payment of the remaining amount.

After examining the record, MahaRERA Member Ravindra Deshpande found that the builder had failed to place any convincing material before the authority to disprove the defects raised by the buyers. The authority observed that photographs, expenditure details, and other documents submitted by the complainants showed a consistent pattern of unresolved deficiencies.

MahaRERA noted that under Section 14(3) of the RERA Act, a promoter is under a statutory duty to rectify structural defects and deficiencies in workmanship within five years of possession. The authority also observed that while physical possession had been handed over in April 2021, the builder had still not issued a formal possession letter, depriving the buyers of lawful documentary possession.

On the issue of amenities, the authority found that the builder had collected charges for facilities but failed to show evidence that the promised amenities had actually been delivered. It held that such conduct amounted to a breach of obligations under the RERA Act.

However, MahaRERA also observed that the complainants could not indefinitely withhold the remaining balance amount and clarified that compensation claims, including those relating to reduced carpet area and reimbursement of repair expenses, would have to be pursued separately before the adjudicating officer under Section 71 of the Act.

Despite repeated attempts to connect the developer, he remained unanswered.

In its final order, MahaRERA directed the developer to repair all defects in the flat, complete pending project works such as vermiculture and water conservation systems, issue the possession letter upon payment of the outstanding amount, provide the promised amenities, and pay ₹20,000 as litigation costs to the complainants within 60 days.