MUMBAI: MahaRERA has once again raised concerns regarding the Vasant Oasis project in Andheri East, instructing developers to address various issues such as leakage, seepage, structural flaws, and subpar workmanship in the common areas of one of the buildings within the township.
The regulatory body has also requested that the developers initiate the conveyance process in favor of the housing society, take necessary steps to establish an apex body if it hasn’t been formed yet, and complete the conveyance by handing over all essential title documents and approved plans.
The Daffodil building’s cooperative housing society at Vasant Oasis had approached MahaRERA, citing problems like leakage and poor construction quality. MahaRERA had previously issued a similar order for another building in the same project.
In a recent ruling by MahaRERA member Ravindra Deshpande, it was highlighted that the developers’ claim that flats were inspected and accepted by buyers before possession does not absolve them of their legal responsibilities, especially when defects arise later.
Even though possession of the flats was handed over, the complaint was filed within the defect liability period by the society, represented by advocate Anil D’Souza.
Despite the complainant providing a structural audit report indicating defects, developers disputed its validity, arguing that the issues were either minor, the result of normal wear and tear, or caused by alterations made by flat purchasers.
However, the MahaRERA member noted that the complainant had presented prima facie evidence of defects, while the promoters did not provide any independent technical report to counter the society’s findings.
Regarding the conveyance, MahaRERA pointed out that Section 17 of the Act requires promoters to execute a registered conveyance deed to the association of allottees within a specified period and provide all necessary documents and plans.
The regulator dismissed the promoters’ argument that conveyance could only be executed to the apex body after the entire project’s completion, stating that such a view “cannot be accepted in absolute terms.” While the conveyance of the entire land may be planned for large projects, the promoter cannot indefinitely delay the process or deny a duly formed society its rightful access.
MahaRERA further observed that the respondents did not demonstrate effective steps towards forming the apex body or executing the conveyance in a reasonable timeframe.
Concerning claims about layout changes and parking issues, MahaRERA concluded that the complainant did not present enough evidence to prove any violations of sanctioned plans or statutory provisions. The regulator noted that the promoters had submitted the necessary permissions and approvals from relevant authorities.
