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Bengaluru homebuyer wins KRERA relief over water seepage; Developer told to resolve the issue
Bengaluru real estate: The buyer reported water seepage through the walls soon after possession of the flat, which recurred despite repairs by the developer
A Bengaluru homebuyer has won relief from the Karnataka Real Estate Regulatory Authority (KRERA) over recurring water seepage issues in his apartment after KRERA directed developer Smart Value Homes Pvt Ltd to carry out permanent repairs.
"The developer is directed to resolve the water seepage issue in the flat located in New Haven Bengaluru Phase V situated in Dasanapura Hobli in Bengaluru North," the KRERA order said.
A set of queries have been sent to the developer. The story will be updated if a response is received.
The case
In this case, the buyer booked a flat in New Haven Bengaluru Phase V, with the sale deed executed in December 2023.
Soon after taking possession, the buyer noticed water seepage through the walls. Although the developer initially attempted repairs, the issue resurfaced.
“The buyer observed the same issue in May 2024 and informed the developer, but received no response,” the KRERA order stated.
With no response from the developer, the buyer approached KRERA seeking relief.
KRERA findings
The developer stated that he had received an email from the buyer regarding the seepage issue and claimed it was addressed by applying sealant in November 2024. It requested KRERA to dismiss the complaint.
However, after reviewing the evidence, KRERA observed that the buyer had reported the seepage issue after the execution of the sale deed and had informed the developer.
"Having regard to all these aspects, I am of the view that the developer is entitled to the reliefs claimed. Accordingly, the developer is directed to resolve the water leakage issue within two months," the order said.
Can homebuyers approach developers for structural defects after handover?
In another 2024 case, the Karnataka Real Estate Regulatory Authority (KRERA) had ruled that developers are obligated to repair any structural defects in a project for up to five years after the formation of the residents' association and handover of the project to allottees.
The case involved a homebuyer in SNR Verity, located in Sarjapur, Bengaluru, who approached KRERA after the developer, SNR Square Pvt Ltd, failed to address rainwater seepage in his apartment.
In its order dated June 13, 2024, KRERA clarified that even after a residents' association takes over project maintenance, the developer remains responsible for rectifying structural defects for five years post-possession.
Legal experts note that if a buyer reports any structural defect or issues related to workmanship, quality, services, or building provisions within five years from the date of possession, the developer is legally obligated to rectify it at no additional cost within 30 days.
"It shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this Act," Section 14(3) of the Act states.
"Many buyers believe that once they take possession, the builder is off the hook. But that’s not true under RERA. The five-year clause provides a crucial safety net. Homebuyers can approach RERA or the consumer court for relief in such cases,” said Akash Bantia, an advocate practicing before KRERA.
The rule applies to all RERA-registered projects and covers not only major structural defects but also services promised in the sale agreement such as plumbing, electricals, flooring, and common area amenities.
“However, some contracts exclude items like electrical and plumbing work. In such cases, buyers must carefully review the agreement,” he said.
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However, legal experts advise homebuyers to promptly report any issues to the builder and keep written records of all communications. If the builder fails to resolve the problem, buyers can escalate the matter by filing a formal complaint with the state RERA authority, either online or offline.
