Defect Liability Claims (Section 14)

Which defects fall within Section 14(3)?

Section 14(3) addresses a structural defect or another defect in workmanship, quality or provision of services, or another promoter obligation under the agreement, brought to notice within five years from handing over possession. It requires rectification without further charge within thirty days, failing which the aggrieved allottees are entitled to appropriate compensation as provided by the Act. The facts must establish the relevant defect and notice.

Record the possession date and the first report of the defect. A general complaint about appearance may require different evidence from water ingress, structural cracking or a service-system failure. An engineer should identify observations, likely causes, tests needed and limitations. The legal assessment should connect the technical findings to the promoter’s obligation rather than treat every maintenance issue as automatically attributable to the promoter.

• RERA Act, 2016, Section 14 (adherence to sanctioned plans; structural defect liability)

How is evidence preserved before repairs?

Collect dated photographs, videos, inspection notes, correspondence and any repair history. Identify the location of each defect and whether it affects an individual unit or common area. Where urgent safety work is necessary, obtain appropriate technical advice and preserve evidence of the original condition as far as safely possible. Do not postpone essential safety measures merely to maintain a litigation photograph.

Give a clear written notice describing the defect, access offered and remedy requested, with proof of delivery. Keep records of inspections and attempted rectification. If the promoter disputes access or causation, document the actual arrangements rather than relying on a bare allegation. Independent inspection scope, destructive testing and access to common systems should be authorised and coordinated lawfully.

What can a claim and resolution plan contain?

The claim should distinguish rectification sought, compensation alleged and evidence for each item. Technical recommendations should specify the affected system and remedial objective without implying that an untested cosmetic repair resolves a structural concern. Where a society acts for common areas, confirm its authority and the relationship between collective and individual claims.

A settlement should identify the method, schedule, supervision, completion criteria and treatment of recurrence. A receipt stating all defects are resolved should not be signed before the agreed verification is complete. Section 31 and the compensation provisions require forum analysis for the relief sought. Outcomes depend on facts and the decision of the Authority or Tribunal; neither a defect classification nor a compensation result is promised without professional assessment.

• RERA Act, 2016, Section 31 (filing of complaints)
• RERA Act, 2016, Section 71 (adjudicating officer)