Years after possession, MahaRERA tells L&T to fix leaks, fire safety at Parel’s Crescent Bay

The case was brought before MahaRERA by Kamalesh Aga, chairperson of the L&T Crescent Bay T-5 Co-operative Housing Society Limited. The society’s members had authorised Aga to pursue the matter, alleging that several safety, maintenance and infrastructure-related issues in Tower 5 and its common areas remained unresolved despite repeated follow-ups

MUMBAI: Residents of a high-rise in the Crescent Bay slum redevelopment project in Parel have been waiting for years for the developer to address leakages, safety concerns and other deficiencies in the building’s common areas. Now, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed the developer to complete the pending works and hand over the rectified facilities to the housing society.

Years after possession, MahaRERA tells L&T to fix leaks, fire safety at Parel’s Crescent Bay

The order, passed by MahaRERA chairperson Manoj Saunik on September 3, directs L&T Parel Project LLP — a joint venture between Larsen & Toubro Realty and Omkar Realtors & Developers — to permanently rectify leakages, address other work deficiencies, properly demarcate the project boundary, install an automatic fire alarm system and recover outstanding dues from defaulting neighbouring towers and credit the amount to the common area fund.

The case was brought before MahaRERA by Kamalesh Aga, chairperson of the L&T Crescent Bay T-5 Co-operative Housing Society Limited. The society’s members had authorised Aga to pursue the matter, alleging that several safety, maintenance and infrastructure-related issues in Tower 5 and its common areas remained unresolved despite repeated follow-ups.

The society sought five principal reliefs: completion of the automatic fire alarm system; physical marking of cement poles along the entire project boundary; permanent rectification of leakages; resolution of other work deficiencies; and recovery of dues from defaulting towers, with the amount credited to the corpus of the common area fund.

According to the MahaRERA order, the project was originally registered with the authority with a proposed completion date of August 31, 2018. The Slum Rehabilitation Authority issued the occupancy certificate for Tower 5 on March 15, 2018, while possession of the apartments was handed over by September 4, 2018.

However, several issues continued to remain unresolved years after residents took possession. MahaRERA noted that the society had raised grievances concerning leakages and defects before the expiry of the statutory defect liability period — September 3, 2023, for individual flats and October 20, 2024, for common areas.

The authority held that since the defects had been brought to the developer’s notice within the prescribed period but remained unresolved, the subsequent expiry of the defect liability period could not be used to nullify the society’s complaints.

The developer, in its defence, questioned Aga’s locus standi, arguing that the grievances concerned the collective rights of allottees rather than individual concerns. It also challenged the maintainability of the complaint, pointing out that the society had separately approached the City Civil Court over issues relating to the project’s lease and conveyance.

The developer further submitted that several statutory approvals, including occupancy certificates for some towers, were still pending.

MahaRERA, however, found that the complainant had actively followed up on issues concerning the project’s common areas even before filing the complaint. The authority also noted that the developer had undertaken various rectification measures after being informed about the defects, but several problems — particularly leakages, boundary demarcation and installation of the automatic fire safety system — continued to persist.

Photographic evidence placed before the authority, as well as the developer’s own submissions, indicated that comprehensive rectification had not yet been completed, MahaRERA observed.

The authority has therefore directed L&T Parel Project LLP to expedite and fully complete all pending works. The developer has been told to ensure effective rectification of the leakages, defects and safety-related issues, besides carrying out proper boundary demarcation.

MahaRERA stressed that the rectification must be carried out in a manner that prevents recurrence of the problems and safeguards the safety of residents. The ruling is significant as it holds the promoter accountable for post-completion obligations.