MahaRERA pulls up Mumbai builder again over defects, delayed conveyance

Mumbai: MahaRERA has once again pulled up promoters of Vasant Oasis project in Andheri East, directing them to rectify defects, including leakage, seepage, structural deficiencies, and poor workmanship in the common areas and services of one of the township’s buildings. The regulator has also asked the developers to initiate conveyance in favour of the housing society, take necessary steps to form the apex body if it has not already been constituted, and complete the conveyance process by handing over all relevant title documents and approved plans.

The co-operative housing society of Daffodil building in the Vasant Oasis project had approached MahaRERA alleging leakage, seepage, poor construction quality, and deficiencies in infrastructure. MahaRERA had earlier passed a similar order concerning another building in the same project.

In the recent order passed by MahaRERA member Ravindra Deshpande, the regulator observed that the contention of the promoters that flats had been inspected and accepted by homebuyers prior to possession cannot absolve them of statutory obligations, particularly when defects in workmanship or quality surface subsequently.

Although possession of the flats had already been handed over to allottees, the society was formed thereafter, the society, represented by advocate Anil D’Souza, filed the complaint within the defect liability period.

While the complainant submitted a structural audit report pointing to the existence of defects, the respondents disputed the authenticity of the report and contended that the alleged defects were either minor, caused by normal wear and tear, or resulted from alterations undertaken by flat purchasers.

However, the MahaRERA member noted that the complainant had produced prima facie evidence indicating the existence of defects, while the promoters failed to place any independent technical report on record to rebut the society’s audit findings.

On the issue of conveyance, MahaRERA observed that Section 17 of the Act mandates promoters to execute a registered conveyance deed in favour of the association of allottees within the prescribed period and hand over all necessary documents and plans.

Rejecting the promoters’ argument that conveyance could be executed only in favour of the apex body after completion of the entire project, the regulator said such a contention “cannot be accepted in absolute terms”.

“While in large layout projects, conveyance of the entire land may be envisaged in favour of an apex society, the promoter cannot indefinitely delay the process nor deprive a duly formed society of its legitimate right,” the regulator observed, adding that the respondents had failed to demonstrate any effective steps towards formation of the apex body or execution of conveyance within a reasonable timeframe.

With regard to allegations relating to layout changes and parking arrangements, MahaRERA held that the complainant had not produced sufficient material to establish any violation of sanctioned plans or statutory provisions. The regulator also noted that the promoters had placed on record permissions and approvals obtained from competent authorities.