The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed homebuyers' complaint alleging unauthorised substitution of bathroom sanitary fittings by a developer of a project near Mumbai. The regulatory body held that replacing specified brand fittings with equivalent alternatives does not constitute a violation of statutory norms unless the substituted items are proven to be inferior in quality or cause a material change to the apartment's agreed specifications.
The order was passed by MahaRERA in response to a complaint filed by homebuyers against developer Raunak Corporation regarding their flat in Kalyan near Mumbai. The buyers, who executed a registered agreement for sale in October 2019 for a total consideration of ₹31.69 lakh, approached the authority seeking directions to install the bathroom fittings of the brand promised in the agreement.
According to the complainants, the agreement for sale stipulated premium-brand sanitary fittings, but the developer installed fittings from another brand without obtaining their prior consent, allegedly violating Section 14(2) of the Real Estate (Regulation and Development) Act, 2016. Section 14(2) mandates that developers cannot make material additions or alterations in sanctioned plans, layout specifications, or agreed fixtures and fittings without an allottee's prior consent.
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Developer's defence
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Developer's defence
{{/usCountry}}According to the developer, the substitution of the brand of bathroom fittings was a minor, permissible variation.
The developer submitted to MahaRERA that the substitution involved bathroom fittings of an equivalent or superior quality brand and did not amount to a material alteration under Section 14(2) of the Act.
"It is further contended that the alleged deficiencies are only minor rectifiable snag-list items and not structural defects or deficiencies in service," the developer told MahaRERA.
What is section 14(2) of the Real Estate Regulatory Act, 2016
Section 14 of the RERA Act states that the developer must construct and complete the project according to the plans and specifications approved by the authorities. Once these plans and amenities are shared with the buyer, the developer cannot make major changes without the buyer’s prior consent. Only minor changes required by the buyer or recommended by an authorised architect or engineer are allowed.
MahaRERA's verdict
The MahaRERA, in its order, said that the dispute was strictly confined to the substitution of the sanitary fitting brand and did not involve any structural alteration, layout modification, or reduction in carpet area. The authority noted that the homebuyers failed to place any material evidence on record to prove that the installed bathroom fittings were of inferior quality or that the substitution materially affected the apartment.
"Section 14(2) of the Act prohibits material alterations in the sanctioned plans, layout, specifications, fixtures, fittings and amenities agreed between the parties without the allottee's consent. In the present case, there is no material on record to demonstrate any alteration in the sanctioned plans, layout, carpet area or structural specifications. The complainants have also accepted possession after inspection, and the deficiencies pointed out by them are in the nature of minor finishing items," the MahaRERA said in its order.
"There is no material on record to demonstrate any alteration in the sanctioned plans, layout, carpet area or structural specifications of the flat. The complainants have also failed to establish that the substituted bathroom fittings are inferior in quality or that such substitution materially affected the agreed specifications of the apartment. In the absence of any material alteration attracting Section 14 of the Act, no violation of Section 14(2) is made out," the order said.