The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a homebuyer’s complaint seeking cancellation of his flat purchase, a developer-led buyback and a refund with interest after alleging persistent water seepage, dampness and poor finishing in the apartment.
The homebuyer had purchased the property for nearly Rs 30 lakh and accepted possession on June 30, 2021. He later alleged that the flat developed damp patches and water seepage on walls and ceilings, along with plaster cracks, inadequate waterproofing and other construction-related issues.
Besides requesting inspection, repairs and waterproofing, the buyer sought a refund of the amount paid, along with bank interest and other charges, by asking the developer to buy back the apartment.
Developer Disputes Construction-Defect Claims
The developer denied that the problems were caused by poor construction or structural defects. It told MahaRERA that the leakage was linked to issues in the apartment above, including bathroom-related leakage and rainwater collecting in the balcony.
According to the developer, inspections were conducted and rectification work was undertaken in both apartments. It also said the complainant was advised to coordinate with the occupant of the flat above and alleged that he did not take the necessary steps. The developer further claimed that the buyer did not cooperate fully during conciliation proceedings for carrying out the required repairs.
MahaRERA Finds Evidence Insufficient
In its order, MahaRERA noted that possession had been accepted in June 2021, while the buyer’s first complaint regarding leakage was raised in September 2022. The Authority said photographs submitted by the complainant did not establish either the cause of the damage or whether it was attributable to construction defects.
No inspection report, technical assessment or expert opinion was submitted to establish that the seepage and dampness resulted from defective construction or workmanship by the developer. MahaRERA also considered job cards and email correspondence submitted by the developer showing that rectification work had been carried out periodically.
“It is also observed that the complainant has sought buy-back of the said flat and refund of the amount paid towards the said flat along with interest and registration charges. The prayer for buy-back is not within the purview of the reliefs that can be granted by this Authority under the Act,” the MahaRERA said in its order.
“Further, no material has been placed on record establishing circumstances warranting cancellation of the transaction and refund of the amount paid towards the said flat after acceptance of possession and continued occupation thereof. In the facts and circumstances of the present case, the reliefs sought by the complainant are therefore not substantiated by the material placed on record,” the MahaRERA order said.
MahaRERA consequently dismissed the complaint and made no order as to costs.
Source: Hindustan Times
