MahaRERA Orders Pune Developer Krisala to Rectify Structural Defects and Provide Covered Parking

Pune, 10th April 2026: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled that the mere issuance of an Occupancy Certificate (OC) does not constitute lawful possession if a flat remains structurally defective. In a recent order, the authority directed Pune-based developer M/S Krisala Enterprises to rectify multiple structural flaws and provide a designated covered parking space to a homebuyer, explicitly rejecting the builder’s allotment of a parking spot on a ramp.

The order, issued by MahaRERA Member Mahesh Pathak on April 2, 2026, pertains to a complaint filed by Nehanshu Kishorbhai Tank, who purchased a flat in the ‘41 ELITE’ project located in Tathwade, Pune.

According to the complaint, despite the project receiving its OC in May 2024, the apartment suffered from persistent issues including ceiling seepage, wall cracks, an improper balcony slope, and defective plumbing.

Furthermore, the homebuyer alleged that the developer arbitrarily changed his originally allotted parking space to one situated on a ramp. The new spot allegedly obstructed an electrical (MSEB) board and violated the sanctioned layout.

In its defence, Krisala Enterprises claimed that “soft possession” had already been handed over, the defects were minor and cosmetic, and the ramp parking was finalized after mutual discussions. The developer argued the complaint was filed with an ulterior motive to evade maintenance and municipal charges.

Dismissing the developer’s arguments, MahaRERA observed that under the RERA Act, possession must be complete in all respects, including habitability. The authority noted that the builder failed to provide any conclusive documentary proof that the defects were rectified to the buyer’s satisfaction. Crucially, MahaRERA stated that a parking spot on a ramp cannot be considered compliance with a sale agreement that explicitly promises a “covered car parking space,” especially absent clear, unequivocal consent from the buyer.

Under Section 14(3) of the RERA Act, the authority directed the promoter to rectify all structural and workmanship defects within 30 days. Additionally, the developer must allot a proper covered parking space strictly in accordance with the sanctioned plan within the same timeframe.

The authority ordered that final possession documents must be handed over within 15 days following the successful rectification and proper parking allotment. Failure to comply will invite penal action under Section 63 of the Act. However, MahaRERA declined to grant the homebuyer interest for delayed possession, noting that the project’s OC had been obtained and possession formally offered.