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

Detailed Legal Analysis

You can indeed claim under the Real Estate (Regulation and Development) Act, 2016 (RERA) for structural defects in your flat in Navi Mumbai.

Under RERA, builders and developers are obligated to ensure that the property is constructed in accordance with the approved plans and specifications, and they must also guarantee that the property is free from structural defects. Here are the key points regarding your rights and the process to claim compensation for structural defects:

• Definition of Structural Defects: Structural defects refer to flaws in the structural design, quality of materials, or workmanship that reduce the usability of the property. Under Section 2(zk) of RERA, this includes issues that arise within five years of possession.
• Time Frame: You can claim for structural defects within a period of five years from the date of possession of the flat.
• Filing a Complaint: To initiate a claim, you may file a complaint with the Maharashtra Real Estate Regulatory Authority (MahaRERA). The procedure involves:
• Filling out the prescribed complaint form available on the MahaRERA website.
• Submitting required documents such as a sale agreement, possession certificate, and evidence of the structural defects.
• Paying the necessary filing fee.
• Remedies Available: If the complaint is upheld, the authority may order the builder to:
• Repair the defects at no cost.
• Compensate for any losses incurred due to the defects.
• Refund the amount paid, if the defects are severe and cannot be rectified.
• Documentation: Proper documentation is crucial. Keep records of:
• All communications with the builder.
• Photographic evidence of the defects.
• Inspection reports if available.
• Legal Recourse: If the builder fails to comply with the order from MahaRERA, you can pursue further legal action. This may involve filing a complaint in the consumer court under the Consumer Protection Act, 2019.

In summary, under RERA, you are entitled to seek remedies for structural defects, and it is advisable to act promptly to ensure your rights are protected.