I bought a flat in Moradabad 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 Moradabad.

Under RERA, builders and developers are mandated to ensure that the properties they sell are free from structural defects and poor workmanship for a specified period. If your flat has structural defects, you are entitled to seek remedies as per the provisions laid out in the Act.

Here are the steps and key points to consider when making a claim under RERA:

• Definition of Structural Defects: As per Section 14(3) of RERA, a structural defect includes any defect in the quality of materials or workmanship that affects the structure of the building.
• Time Frame for Claims: You can file a complaint for structural defects within five years of possession as stipulated in Section 14(3) of RERA.
• Documentation Required: Gather and prepare the following documents to support your claim:
• Sale agreement and property documents
• Copies of communication with the builder regarding the defects
• Photographic evidence of the defects
• Any relevant correspondence with authorities or experts regarding the structural issues
• Filing a Complaint: You can file a complaint with the respective Real Estate Regulatory Authority in Uttar Pradesh. The complaint can be filed online through the RERA website or in person.
• Relief Offered: If the complaint is upheld, the builder may be required to rectify the defects at no extra cost, or you may be entitled to a refund of the cost of repairs, or other compensation as deemed appropriate by the authority.
• Time for Resolution: RERA mandates that complaints should be resolved within 60 days from the date of filing.
• Consumer Rights: Under RERA, consumers have the right to receive timely possession and quality construction as per the agreed specifications. If the builder fails to comply, you have the right to seek legal recourse.

In summary, you have a clear path to claim for structural defects under RERA, which is designed to protect the interests of homebuyers like you. Ensure that you follow the process diligently and maintain all relevant documentation to support your case.