Tamil Nadu RERA Orders Vijay Raja Homes To Fix Seepage Issues In Ideal Homes Project, Make It Habitable
The Tamil Nadu Real Estate Regulatory Authority (TNRERA) has recently held a Chennai-based real estate developer responsible for structural defects in a residential flat. It rejected the developer's claim that water seepage was caused by the homebuyer's negligence. The authority directed the builder to carry out full rectification works and pay Rs 25,000 as litigation costs to the...
The Tamil Nadu Real Estate Regulatory Authority (TNRERA) has recently held a Chennai-based real estate developer responsible for structural defects in a residential flat. It rejected the developer's claim that water seepage was caused by the homebuyer's negligence. The authority directed the builder to carry out full rectification works and pay Rs 25,000 as litigation costs to the homebuyer.
The order was passed by the Authority chaired by Chairman Thiru Shiv Das Meena, along with Members Dr. V Subramaniam and M Krishnamoorthy, on a complaint filed by Thiru R. Sivakumar against Vijay Raja Homes Pvt. Ltd.
Vijay Raja Homes is behind the the Ideal Homes project at Gudapakkam Village in Thiruvallur district.
Sivakumar had purchased a flat in the project and had noticed serious water leakage on multiple walls within eight months of moving in. He told the Authority that despite repeated complaints to the developer, seepage continued in the kitchen and other areas of the flat. He further submitted that the initial repair attempts did not resolve the problem.
The homebuyer argued that the builder's claim that the leakage was caused by air-conditioner discharge was untenable. He argued that that seepage was visible across several parts of the flat. The developer, on the other hand, blamed the problem on the homebuyer. He alleged homebuyer for the use of cleaning agents which apparently damaged the epoxy grout that led to the leakage. The developer further maintained that standard waterproofing practices had been followed during construction.
To resolve the technical dispute, the authority appointed an independent Executive Engineer from the Public Works Department. The expert report found that dampness was mainly due to capillary action from both the toilets which accumulate water. Subsequently, it recommended a detailed 12-step repair process, including removal of tiles and the application of modern waterproofing methods.
The homebuyer also produced evidence showing that walls remained damaged and mould continued to affect wardrobes, despite the developer filing a memo claiming the defects had been rectified.
Consequently, the authority said the “work executed by the Respondent continues to exhibit defects” and concluded that the repairs carried out by the builder were inadequate. It held that “the Respondent builder is solely responsible for carrying out the necessary repair works in the flat, which were not properly rectified by the Respondent earlier”.
It directed the developer to fully “rectify and cure all issues related to leakage, seepage and dampness” and restore the flat to a “proper and habitable condition” on or before February 28, 2026.
Case Title: Thiru R. Sivakumar v. M/s. Vijay Raja Homes Pvt. Ltd.
Case Number: C. No. 64 of 2023
For Complianant: V Arvind Rajagopal
For Respondent: S. Jaganathan