In a significant case highlighting the protection of homebuyers’ rights, the Real Estate Regulatory Authority (RERA) intervened to address leaky walls in a newly constructed apartment. The resolution of this case underscores the importance of RERA in ensuring accountability and protecting the interests of property buyers.
Case Details: A homebuyer purchased a flat in a newly built apartment near Malav Talav, Vasna area, and noticed damp spots on the walls upon taking possession. Despite initial repairs by the builder, the issue persisted, causing damage to furniture and electrical connections. The buyer sought redressal from RERA, emphasizing the recurring nature of the problem.
Builder’s Response and Legal Proceedings: During the hearing, the builder denied responsibility, attributing the issue to improper interior work by vendors hired by the buyer. Both parties escalated the matter, filing police applications against each other. However, RERA maintained its focus on resolving the dispute and ensuring the buyer’s rights were upheld.
RERA’s Intervention and Resolution: After considering all arguments, RERA mandated the builder to undertake necessary repairs, including plaster, putty, and paint work. Once the repairs were completed satisfactorily, the buyer’s complaint was dismissed. This decision reaffirms RERA’s commitment to enforcing accountability and ensuring quality standards in real estate projects.
Legal Provisions and Buyer Protection: Section 14 (3) of the Real Estate (Regulation and Development) Act (RERA) holds builders liable for fixing structural defects or workmanship issues within five years from the date of possession. This provision, often referred to as the home warranty or defect liability period, serves to safeguard buyers from substandard construction practices.
Expert Insights: According to RERA expert Nipun Singhvi, this case underscores the significance of RERA in upholding buyer’s rights and ensuring accountability in the real estate sector. By enforcing legal provisions, RERA acts as a vital mechanism for resolving disputes and protecting consumers.
Conclusion: The resolution of the leaky walls case by RERA exemplifies the regulatory authority’s role in safeguarding homebuyers’ interests. Through timely intervention and enforcement of legal provisions, RERA ensures accountability and quality assurance in real estate projects, fostering trust and confidence among buyers.
