In a significant decision reinforcing the rights of homebuyers, the Telangana Real Estate Regulatory Authority (TG RERA) has ruled in favour of residents of Darbar MCOR Apartments located in Ameenpur, who filed a complaint against the developer, MCOR LLP Projects. The complaint highlighted several serious issues, including unauthorized changes to the approved layout plan, poor construction quality, and the builder’s refusal to hand over common areas to the residents even after obtaining the occupancy certificate (OC).
Violation of Approved Layout and Parking Allocation
According to the residents, each apartment was promised a parking space of 125 square feet as per the approved building plan. However, the actual area allocated per flat was only about 100 square feet. The residents further alleged that the builder had created five additional parking slots beyond the approved 25 spaces and was attempting to sell them separately. TG RERA confirmed that the sanctioned layout permitted only 25 parking slots and stated that any deviation from this plan is a direct violation of the approved layout.
Quality of Construction and Material Deficiencies
The complaint also included serious grievances regarding construction quality. Residents reported visible cracks in the walls, water leakage near the lift shaft, and the use of substandard materials. Specifically, they alleged that the builder had promised premium teakwood doors but installed inferior alternatives. These issues raised concerns about the overall safety and durability of the building structure.
Occupancy Certificate and Common Areas
One of the key contentions was that the builder continued to retain control over the common areas—including the children’s play area—even after the occupancy certificate was issued in June 2023. The residents accused the builder of trying to occupy spaces meant for community use and delaying the formation of the residents’ association by not handing over control. In his defense, the builder claimed that the complaints were baseless and were being used to harass him. He also stated that one of the complainants had not cleared all dues.
RERA’s Directives and Builder’s Obligations
After reviewing the complaint, TG RERA ruled that the builder must strictly adhere to the approved building and layout plan without making any modifications on his own. It was clearly stated that once an occupancy certificate is issued, the developer no longer has any rights over common areas, and these must be transferred to the residents’ association without delay.
Since the builder failed to respond to the allegations regarding common area control, the authority ordered him to immediately relinquish all rights over these spaces. TG RERA also warned that any further non-compliance with its directives would attract penalties under the RERA Act.
Conclusion
This ruling is a strong reminder to builders and developers that violations of approved layout plans and delay in handing over common areas will not be tolerated under the RERA framework. The decision reinforces the rights of homebuyers and ensures greater accountability from builders in completing and transferring real estate projects as promised.
No financial penalty was imposed in this case, and the complaint was closed following the issuance of these binding directives.
