I bought a flat in Gwalior and it has structural defects, can I claim under RERA?

Detailed Legal Analysis

Yes, you can claim under the Real Estate (Regulation and Development) Act, 2016 (RERA) for structural defects in your flat in Gwalior.

Under RERA, homebuyers have the right to seek redressal for structural defects and poor quality construction. The Act mandates that developers ensure the quality of construction and address any defects that arise within a stipulated period. Here are the key points to consider:

• Definition of Structural Defect: According to Section 2(1)(zd) of RERA, a structural defect refers to any defect in the quality of construction, which may include poor workmanship, use of substandard materials, or structural instability.
• Time Frame for Claim: Under Section 14(3) of RERA, a developer is liable to rectify any structural defect or poor quality work within five years from the date of possession. You must file your complaint within this period.
• Filing a Complaint: To initiate a complaint, you should:
• Gather evidence of the structural defects (photos, reports from structural engineers, etc.).
• File a complaint with the Real Estate Regulatory Authority in Madhya Pradesh (MP RERA) either online or in person.
• Provide details of the defects, the date of possession, and any correspondence with the builder regarding the issue.
• Remedies Available: If your complaint is upheld, the RERA authority may:
• Order the builder to rectify the defects at no additional cost.
• Compensate you for any losses incurred due to the defects.
• Provide a refund if the structural defects cannot be remedied satisfactorily.
• Consumer Forums: If you are unsatisfied with the outcome from RERA, you can also approach the Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019.

It is advisable to maintain all documentation related to the purchase, communication with the builder, and evidence of the defects to support your claim under RERA effectively.