Residents of Crescent Bay in Parel have secured relief from the Maharashtra Real Estate Regulatory Authority (MahaRERA), which has directed the developer to address long-pending leakages, safety concerns and other deficiencies in the high-rise project’s common areas.
The order, passed by MahaRERA chairperson Manoj Saunik on September 3, directs L&T Parel Project LLP, a joint venture between Larsen & Toubro Realty and Omkar Realtors & Developers, to permanently rectify leakages, complete pending works, demarcate the project boundary and install an automatic fire alarm system.
The developer has also been instructed to recover outstanding dues from defaulting neighbouring towers and transfer the recovered amount to the common area fund.
The matter was filed by Kamalesh Aga, chairperson of the L&T Crescent Bay T-5 Co-operative Housing Society Ltd, after society members authorised him to pursue complaints relating to unresolved safety, maintenance and infrastructure issues in Tower 5 and its common areas.
Residents’ Complaints Before MahaRERA
The society sought completion of the automatic fire alarm system, proper marking of cement poles along the project boundary, permanent repair of leakages, rectification of other deficiencies and recovery of pending dues from neighbouring towers.
According to the MahaRERA order, the larger Crescent Bay project was registered with a proposed completion date of August 31, 2018. The Slum Rehabilitation Authority issued the occupancy certificate for Tower 5 on March 15, 2018, while possession was handed over to residents by September 4, 2018.
However, several complaints continued after possession. MahaRERA noted that the society had raised concerns over defects before the expiry of the applicable defect liability periods — September 3, 2023, for individual apartments and October 20, 2024, for common areas.
The authority held that because the defects were brought to the developer’s attention within the prescribed period, the subsequent expiry of the defect liability period did not invalidate the residents’ complaints.
Developer’s Defence Rejected
The developer questioned Aga’s authority to file the complaint and argued that some of the issues concerned collective rights. It also referred to separate proceedings before the City Civil Court involving lease and conveyance matters and said certain statutory approvals for other towers remained pending.
MahaRERA, however, found that Aga had actively pursued the common-area issues before approaching the authority. The regulator also noted that although the developer had undertaken some rectification, several problems remained unresolved.
Photographs submitted during the proceedings, along with the developer’s own submissions, indicated that complete rectification had not been achieved, particularly regarding leakages, boundary demarcation and the automatic fire safety system.
MahaRERA has now directed L&T Parel Project LLP to complete the pending works on an expedited basis and ensure that repairs are carried out effectively enough to prevent the recurrence of defects.
The order underscores the continuing responsibility of developers to address notified defects and fulfil post-possession obligations even after residents have occupied the project.
Source: Hindustan Times
