KRERA Directs Developer to Repair Seepage in Bengaluru Flat After Buyer Complaint

A Bengaluru homebuyer has obtained regulatory relief after repeated water seepage issues in his apartment prompted intervention by the Karnataka Real Estate Regulatory Authority (KRERA). The authority has directed the developer, Smart Value Homes Pvt Ltd, to carry out permanent repairs. The case underscores the active enforcement of homebuyer protections under the Real Estate (Regulation and Development) Act, 2016, particularly those related to post-possession structural and workmanship-related defects.

The dispute arose over a flat in New Haven Phase V, located in Dasanapura Hobli in the northern region of Bengaluru. The buyer had executed the sale deed in December 2023. However, shortly after taking possession, signs of water seepage through internal walls became evident. While initial repair efforts were made by the developer, Smart Value Homes Pvt Ltd, the issue reportedly resurfaced in May 2024.

The buyer stated that subsequent attempts to alert the developer went unanswered. With the matter unresolved, the buyer approached KRERA seeking redress under the provisions of the Act.

Smart Value Homes acknowledged receiving an email about the leakage and claimed that remedial work—specifically, the application of sealant—had been undertaken in November 2024. The company argued that the complaint was therefore unfounded and requested that the case be dismissed.

Upon reviewing evidence, including communication records and inspection findings, KRERA found that the seepage issue had not been permanently resolved. The authority confirmed that the buyer had notified the developer after possession and had made repeated efforts to resolve the matter before approaching the regulator.

Based on its assessment, KRERA issued a directive to Smart Value Homes to address the issue within two months. The ruling rests on Section 14(3) of the Real Estate (Regulation and Development) Act, which obligates developers to rectify structural or workmanship-related defects reported within five years of possession, at no additional cost, and within a 30-day timeframe.

Reinforcing Legal Precedents

This ruling aligns with a growing number of similar KRERA decisions that reaffirm a developer’s post-handover obligations. A comparable case from June 2024 involving SNR Verity, a residential project in Sarjapur, also dealt with recurring water leakage. There, the buyer had alleged that SNR Square Pvt Ltd failed to resolve the defect despite multiple complaints. KRERA ruled in favor of the buyer, reiterating that developers remain responsible for rectifying structural flaws even after project maintenance is handed over to residents’ associations.

What Buyers Should Know?

Legal practitioners familiar with KRERA proceedings suggest that many buyers remain unaware of the post-possession safeguards enshrined in the law. One Bengaluru-based advocate noted that a common misconception among buyers is that developers are no longer accountable once keys are handed over. However, under RERA, developers are still liable for defects in construction, services, or building components for a five-year period.

Practitioners also emphasize the importance of maintaining detailed records of all communication with the builder. When issues persist and the developer fails to take timely action, homebuyers can escalate the matter through KRERA or consumer forums. Compensation may also be granted if the developer does not address complaints within the legally mandated time frame.

Another area of concern flagged by legal experts is the language of builder-buyer agreements. Some agreements may exclude specific categories, like plumbing or electrical services, from structural defect coverage. Buyers are advised to review their contracts closely to understand the scope of what is covered under warranty.

The recent KRERA ruling is expected to embolden more homebuyers to formally pursue their complaints against developers. Bengaluru, with its expanding residential footprint and rising number of mid-size developers, is witnessing increased buyer activism around issues related to quality, delays, and post-possession service lapses.