RERA rejects buyback plea over flat defects

Buyer alleged leakage and cracks but could not establish construction defect

Property Pulse

The Maharashtra Real Estate Regulatory Authority has rejected a homebuyer's plea seeking a developer buyback over recurring water leakage, dampness, plaster cracks and poor finishing in a flat near Mumbai. The flat, purchased for about ₹30 lakh, was handed over on June 30, 2021. The buyer first complained about water leakage in September 2022, around 15 months after possession, and later sought a refund and interest.

The developer denied that the problems were construction defects. It suggested that the leakage could have originated from an upper-floor bathroom or rainwater entering through a balcony. The developer also submitted job cards, emails and repair records. MahaRERA found that photographs alone were insufficient to establish the technical cause of the defects. The buyer had not produced an independent technical inspection, expert report or engineering assessment linking the problems to construction defects.

The authority also held that directing a developer to buy back a flat was not a relief available under RERA in the circumstances. The case was dismissed. The order underlines an important point for buyers: where the cause of a defect is disputed, technical evidence can become critical.

 Defect Evidence

• ₹30 lakh was the approximate flat price.
• June 2021 marked the possession date.
• September 2022 brought the first complaint.
• 15 months separated possession and complaint.
• Technical assessment can establish the defect cause.
• Buyback is not an automatic RERA remedy.