The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed a Borivali-based developer to address structural issues in two residential flats within 30 days, holding the builder accountable under RERA provisions. The authority dismissed the developer’s claim that the defects were due to maintenance lapses.
The order was issued by MahaRERA Member Mahesh Pathak while ruling on a complaint filed by advocate Nirmit Shah on behalf of homebuyers Bharat Shah and Sangeeta Shah against A S K Construction Co.. The dispute relates to defects in flats at the “Mandor Heights Phase-II” project in Borivali.
According to the complaint submitted in October 2025, the buyers reported multiple construction issues, including wall cracks, ceiling leakage, and water seepage, despite taking possession in December 2020. They claimed repeated attempts to get the developer to fix the problems went unanswered, leading to a legal notice issued on September 10, 2024, seeking repairs or compensation.
The developer denied responsibility, attributing the defects to poor maintenance and internal modifications by the residents. It also alleged that access for repairs had been denied. However, MahaRERA rejected these arguments, noting the absence of any technical evidence from the builder to counter the structural inspection report presented by the complainants, which pointed to terrace slab seepage and inadequate waterproofing.
The authority further observed that a joint inspection had indeed taken place in November 2024, contradicting the developer’s claims.
Reaffirming Section 14(3) of the RERA Act, MahaRERA stated that developers are liable to fix structural defects within five years of possession. It ordered the builder to carry out repairs at its own cost within 30 days, failing which the homebuyers can undertake the work and seek reimbursement through legal means.
Source: The Free Press Journal
