Mumbai, March 24: The Maharashtra Real Estate Regulatory Authority has directed a Borivali-based developer to rectify structural defects in two residential flats within 30 days, observing that the builder failed to substantiate its claim that the issues were merely maintenance-related.
Complaint over defects in residential project
The order was passed by MahaRERA Member Mahesh Pathak while allowing a complaint filed by advocate Nirmit Shah on behalf of homebuyers Bharat Shah and Sangeeta Shah against A S K Construction Co. The complaint pertained to defects in their flats in the “Mandor Heights Phase-II” project in Borivali.
Allegations of construction flaws
According to the complaint filed in October 2025, the homebuyers alleged serious construction defects, including cracks in walls, water seepage, and leakage from ceilings, despite having taken possession of the flats in December 2020.
The complainants said repeated follow-ups with the developer yielded no response, following which they issued a legal notice on September 10, 2024, seeking rectification or compensation.
Although the developer denied liability and proposed a joint inspection, which was conducted on November 8, 2024, the complainants alleged that no action was taken thereafter.
Developer’s defence rejected
The developer refuted the allegations, claiming the issues were due to maintenance lapses or internal alterations, and also argued that the complainants had denied access for repairs.
However, MahaRERA rejected these submissions, noting that the builder failed to produce any expert report or technical evidence to counter the structural inspection report submitted by the complainants, which attributed the defects to terrace slab seepage and faulty waterproofing.
The authority also observed that a joint inspection had indeed taken place in November 2024, contradicting the developer’s claim that access was denied. It held that mere denial of defects without supporting evidence was insufficient to rebut the complainants’ case.
Builder directed to complete repairs
MahaRERA further reiterated that under Section 14(3) of the Real Estate (Regulation and Development) Act, promoters are obligated to rectify structural defects within five years from the date of possession, rejecting the developer’s contention that the liability period was limited to three years.
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Directing the builder to undertake complete rectification at its own cost within 30 days, the authority also instructed the complainants to provide necessary access to facilitate the repairs.
It added that if the developer fails to comply within the stipulated time, the homebuyers would be free to carry out the repairs themselves and seek reimbursement through appropriate legal proceedings.
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