Mumbai: MahaRERA has once again taken action against the promoters of the Vasant Oasis project in Andheri East, directing them to rectify defects such as leakage, seepage, structural deficiencies, and poor workmanship in the common areas and services of one of the township's buildings. The regulator has also instructed the developers to initiate the conveyance process in favor of the housing society, take necessary steps to form the apex body if not already constituted, and complete the conveyance by handing over all relevant title documents and approved plans.
Background of the Complaint
The co-operative housing society of the Daffodil building in the Vasant Oasis project had approached MahaRERA with allegations of leakage, seepage, poor construction quality, and infrastructure deficiencies. This is not the first such order concerning the project; MahaRERA had previously issued a similar directive for another building within the same development.
Regulator's Observations
In the recent order passed by MahaRERA member Ravindra Deshpande, the regulator observed that the promoters' argument that flats had been inspected and accepted by homebuyers prior to possession does not absolve them of statutory obligations, especially when defects in workmanship or quality surface later. Although possession of the flats had already been handed over to allottees, the society was formed afterward. The society, represented by advocate Anil D'Souza, filed the complaint within the defect liability period.
The complainant submitted a structural audit report pointing to the existence of defects. However, 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. MahaRERA 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.
Conveyance and Apex Body Formation
On the issue of conveyance, MahaRERA observed that Section 17 of the Act mandates promoters to execute a registered conveyance deed in favor of the association of allottees within the prescribed period and hand over all necessary documents and plans. The regulator rejected the promoters' argument that conveyance could be executed only in favor of the apex body after completion of the entire project, stating that such a contention “cannot be accepted in absolute terms.”
“While in large layout projects, conveyance of the entire land may be envisaged in favor 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 toward formation of the apex body or execution of conveyance within a reasonable timeframe.
Layout Changes and Parking Arrangements
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.
