A Mumbai couple has secured Rs 2.25 lakh in compensation from a developer after the Maharashtra State Consumer Disputes Redressal Commission held the builder responsible for construction defects, water leakage and failure to provide promised amenities.
Mariyam and her husband Thomas had purchased a flat in Rizvi Cedar, Malad East, developed by Rizvi Estates and Hotels Pvt Ltd. They took possession of the apartment on June 1, 2021, after being assured that complaints relating to defects would be addressed promptly.
However, shortly after moving in, the couple noticed cracks at nine locations and severe leakage at several points in the apartment. They also found that amenities promised by the developer, including a solar electricity generation and backup system, had not been provided.
The couple informed the developer about the problems and emailed photographs of the defects on September 11, 2021, seeking repairs. Despite repeated reminders, no corrective action was taken, forcing them to undertake emergency repairs themselves.
During the work, they allegedly discovered that cement plaster had not been used in the flat and that plaster of Paris had been applied instead.
The couple subsequently approached the State Commission, relying on a clause in their agreement that required the developer to rectify workmanship or structural defects reported within five years of possession.
The builder contested the complaint, arguing that it had been filed beyond the two-year limitation period. It also claimed that the couple ceased to be consumers after taking possession and that responsibility for maintenance had shifted to the cooperative housing society.
The developer further argued that the society had not been made a party, no other residents had complained and the couple had not submitted an expert report establishing the defects.
The Commission rejected these arguments. It held that the five-year defect liability clause created a continuing cause of action and that the builder’s obligations did not end merely because a housing society had been formed.
In its July 30, 2026 order, the Commission directed the developer to either rectify the defects or pay Rs 1.5 lakh towards repair and material expenses. It also awarded Rs 50,000 for mental agony and harassment and Rs 25,000 towards litigation expenses, taking the total compensation to Rs 2.25 lakh.
Source: Rediff
