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Section 14(3) RERA – Liability of Builder to rectify structural defects in the flat

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Order dated 18.6.2026  of Chairman MahaRERA in the complaint against Kanakia Spaces Realty Private Limited.

In case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the promoter as per the agreement for sale relating to such development is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act.

The completion date of the project was 31.12.2019 and the revised proposed date was 30.12.2021.   SRA had given the full occupancy certificate dated 26.10.2020.

Section 14(3) RERA – Liability of Builder to rectify defects in the flat

The possession of the flat was given on 15.2.2021.  However, since first monsoon of June 2021, the home buyers have been facing recurring leakage and seepage issues in various parts of the flat.  The respondent, however, made only temporary patchwork repairs but failed to permanently resolve the defects.

The structural audit report of the Structure Engineer appointed by the Society had given serious deficiencies including cracks.

The complainants appointed Garv Techniques for thermal imaging survey of the flat and the said report has shown considerable moisture and structural issues causing leakage in various areas of the flat, despite there being no rainfall immediately preceding the inspection.

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