Karnataka RERA Directs Builder to Fix Flat Water Leakage Defects at Own Cost

Frustrated with repeated water leakage issue in top floor flat homeowner requested building to appoint Dr Fixit and Asian paints to fix it; Karnataka RERA directs builder to permanently fix defects at its own cost. Read the article to know how the homebuyer partly won the case.

Rakesh Singh, chairman, along with members Gurijala Ravindranadha Reddy and N. Jayaram of the Karnataka RERA real estate tribunal (K-RERA), recently ruled that a builder must carry out waterproofing repair at their own expense to permanently resolve the water leakage problem in a top floor apartment (no. E-3 809) owned by Mr Basavaraj Jalihal and Smt Swathi M.

Karnataka RERA also ordered the builder (SMR builders) to repair the affected areas suffering from dampness, cracks, plaster damage and paint peeling due to water leakage from the roof. Additionally, Karnataka RERA also informed the homebuyers (Mr Basavaraj Jalihal and Swathi M) that they have the right to re-open the case if the repairs are not satisfactory or water leakage happens again.

Although Basararaj Jalihal and Swathi M wanted the builder to use the services of Asian Paints and/or Dr. Fixit to permanently fix the water leakage issue, the builder claimed they have spent Rs 74,623 on roof repairs, despite the homebuyers notifying the RWA’s maintenance office about the latest water leakage issue.

Karnataka RERA said that homebuyers cannot dictate which contractor or brand to use for this work. Since the builder claims he used a professional waterproofing contractor, they should be given an opportunity to prove it. So K-RERA told the homebuyers that let the rainy season test the effectiveness of this work and if the issue persists, they can take legal action.

A brief about the issues faced by the homebuyer

This case involves the SMR Vinay Estalla housing society built by SMR Builders from Singapura Village, Bengaluru North. On February 3, 2022, Mr Basavaraj Jalihal and Smt Swathi M purchased a flat in this society and signed a sale deed and have been living there since then. However, shortly after moving in, they noticed rainwater leaking from the ceiling in the utility area.

The homebuyers also noticed a 1.5-metre wide crack in the ceiling, along with damp walls and peeling paint in the kitchen and the hall, all due to the water leakage. Feeling aggrieved with this water leakeage issue in a brand new flat, Mr Basavaraj Jalihal and Smt Swathi M reached out to the builder through WhatsApp on October 25, 2022 and subsequently in 2023, 2025 and again on March 18, 2026 also. The builder hired a contractor to repair the water leakeage issue, but it kept happening again and again.

Thus Mr Basavaraj Jalihal and Smt Swathi M decided to take legal action against the builder as they had become frustrated as the leakage kept reappearing almost every year. They filed a case in the Karnataka RERA tribunal. The homebuyers' alleged that the builder's contractor performed temporary repairs by applying sealant but failed to address the underlying cause of the leakage. So the hombuyers requested Karnataka RERA to order the builder to permanently fix the issue by appointing Dr Fixit or Asian Paints and also provide a 10-year warranty for the remedial work.

In response to the allegations, the builder told Karnataka RERA that whenever Mr Basavaraj Jalihal and Smt Swathi M reported this water leakage issue to them, they had promptly engaged a professional waterproofing contractor to carry out the necessary repairs. When the issue recurred, the same contractor came to fix it as it was under warranty.

The builder also pointed out that the maintenance and day-to-day management of the society is handled by the RWA and the homebuyers had reported this leakage issue to them as well.

On August 4, 2026 the homebuyers partially won the case as K-RERA gave the builder one more chance to prove that the latest repairs were effective and the water leakage had been resolved. In case the leakage reappeared, stopped, K-RERA asked the homebuyers to re-open this case.

Why did the homebuyers partially win this case?

Rohan V. Tigadi, Principal Counsel at TLaw Chambers, Bangaluru, said to ET Wealth Online that under section 14(3) of the RERA Act, the promoter/ builder is required to rectify any structural, workmanship or quality defects if brought to his notice by the allottee within 5 years from date of handover of possession.

In the case at hand, possession was handed over in February 2022 and quality defects were pointed out in October 2022. Therefore, in light of the statutory duty cast under section 14(3) of the RERA Act, full bench of Karnataka RERA allowed complaint in part and directed the builder to carry out repair works.

Tigadi says: "Strictly speaking, in line with Section 14(3) of RERA Act, RERA should have computed cost of repairs and awarded compensation, instead of directing builder to carry out repair works."

Tigadi highlights that under Section 14(3) of RERA Act, a builder is required to rectify any structural, quality or workmanship defects (free of charge) brought to builder's notice by allottes/ owners within five years from date of handover of possession.

However, in case builder fails to rectify the defects within 30 days of receipt of notice from allottee, he/ she will be entitled to approach RERA for appropriate compensation for repair works. Hence, Tigadi says that homebuyers can also file complaints before RERA and claim monetary compensation for repair works.

Tigadi says: "But unlike builders, RWAs have not been fastened with direct liability under RERA Act. Therfore, RWAs cannot be made liable like builders for quality, workmanship or structural defects."

Karnataka RERA order and discussion

Builder has a 5 year liability to fix any workmanship or structural issue and water leakage falls under this

Karnataka RERA said that from the repeated rectification work, it is evident that the water leakage issue is not fixed permanently.

Karnataka RERA also cited Section 14(3) of RERA Act, 2016 and said that this provision casts an obligation upon the builder to rectify any structural defect or any defect in workmanship, quality, provision of services or any other obligations of the builder as specified and brought to its notice within five years from the date of handing over possession. Moreover, the builder is required to fix such defects within 30 days from the date of the notice.

In this case as discussed in this article, the builder was notified of the defects well within the five-year statutory timeline.

Karnataka RERA said: “Water leakage from the ceiling, dampness in walls, cracks and peeling of paint affecting the use and enjoyment of the apartment cannot be considered as normal wear and tear. These issues are attributable to workmanship or quality of construction and therefore fall within the scope of defects contemplated under Section 14(3).”

However, the builder was not inactive and did not refuse to fix the defects. The builder had appointed a professional contractor and carried out repair works by spending Rs 74,623. (the builder submitted a photo of the work done and tax invoice to the tribunal as evidence).

Homebuyer can’t insist ask the builder to use Dr Fixit or Asian Paints’ services for water leakage rectification work

Karnataka RERA said that the homebuyers prayed before them to give a direction to the builder to carry out the rectification work only through Dr Fixit or Asian Paints and to give a 10 years minimum warranty.

But this prayer cannot be accepted.

Karnataka RERA explained that though the builder is obligated to rectify the defects, the RERA Act however, does not empower the allottee to insist upon a particular brand or agency for carrying out such repairs.

Karnataka RERA said: “The builder being responsible for rectification, is required to adopt appropriate technical measures and ensure that the defects are permanently resolved.”

Karnataka RERA says effectiveness of rectification work done by builder needs to be tested

Karnataka RERA said that considering the nature of the complaint, the repeated recurrence of leakage despite earlier repairs, and the subsequent rectification works undertaken by the builder, they are of the view that the builder needs to ensure effective and permanent rectification of the defects and restoration of the affected portions of the apartment.

Karnataka RERA said: “At the same time, since the effectiveness of waterproofing measures can be properly assessed only after exposure to rainfall, an opportunity is required to be given to the Respondent to establish the efficacy of the remedial work carried out.”

Thus K-RERA authority told the homebuyers that they are at liberty to re-open this case in case of non-compliance by the builder or recurrence of the defects.

K-RERA ruled that the builder will ensure that the waterproofing and rectification works are carried out in Apartment No. E3-809 are completed effectively and permanently, including restoration of the affected areas such as dampness, cracks, plaster damage and peeling of paint caused due to leakage and this shall be done at its own cost.