TN RERA Orders Mahindra Lifespace Developers To Fix Defects, Activate Amenities At Thiruvallur Project

The Tamil Nadu Real Estate Regulatory Authority (TN RERA) has recently directed Mahindra Lifespace Developers to fix defects in C Block of its Mahindra Happinest Avadi project in Thiruvallur district and make essential facilities fully operational before handing them over to homebuyers.

A bench comprising Chairperson Thiru. Shiv Das Meena and Members Dr L Subramanian, M. Krishnamoorthy held that the developer cannot shift responsibility for maintenance when the common amenities of C Block were never formally handed over.

Referring to an inspection by an independent engineer, the authority recorded that “one STP (sewage treatment plant) is not working, and the WTP, food waste treatment plant is also not working and the DG (Diesel Generator) supply in common areas is not provided. Hence, it is obligatory on the part of the Respondent to rectify the same.”

The Nalām Home Owners Association, which represents residents of C Block in the Avadi project had approached the authority with the complaint. The association told the authority that several promised amenities were either missing or not functioning. According to it, untreated sewage was spilling onto internal roads, the water treatment system was malfunctioning and untreated water had damaged household appliances. It also said that the driveway was laid with uneven paver blocks instead of a concrete road as promised.

Residents also complained of water leakage through windows during rains, low water pressure on upper floors, non-functional food waste treatment and generator systems. Absence of CCTV cameras was also flagged by the association. The residents also alleged that a concrete boundary wall was replaced with a green fence and that parking spaces meant for C Block were allotted to buyers from other blocks.

Mahindra Lifespace Developers argued that a project-wide association, the Happinest Avadi Home Owners Association, was formed in 2017 and that memorandums of understanding were signed with it for the handover and maintenance of common facilities such as the STP, WTP, lifts, and DG sets.

Once these MoUs were executed, the builder said, the responsibility for operating and maintaining the facilities shifted to the association. It also claimed that parking allocation was the association's responsibility and that the paver block driveway was provided with consent.

The authority., however, did not accept these submissions. It noted that no MoU was ever signed with the association formed exclusively for C Block and observed that the maintenance of 'C' Block in the Respondent's project is not yet handed over to any of the association.

The authority also noted that while other blocks had concrete roads and that the project brochures promised RCC roads and streetlights, the developer should have provided the same in C Block.

The authority ultimately directed Mahindra Lifespace Developers to rectify the defects, ensure that the STP, WTP, food waste treatment plant, and DG sets are fully functional, and hand over the common amenities to the C Block association.

It also ordered the developer to provide a concrete driveway in C Block in line with its promise to buyers.