Maloth Karthik Hyderabad

Membersof the JBN Casa Waterside Flat Owners Mutually Aided Cooperative Maintenance Society Limited, comprising 520 families at the Jains Balaji Nilayam Casa Waterside project in Safilguda, Malkajgiri, are up in arms against alleged defects in the Jain Constructions project (RERA Project Regn. No. P02200002329), citing "unresolved construction defects, critical fire, lift and electrical safety risks, and substantial unpaid financial dues."

Mathew Jacob, a member of the society, has raised serious concerns over multiple construction defects, critical fire, lift and electrical safety risks, and substantial financial dues allegedly pending from Jain Constructions. He alleged that the society and several individual purchasers have sent repeated letters and notices, but the builder has taken no action. Therefore, the residents have brought the matter to the public's attention.

The society has engaged engineers and chartered accountants specialising in certifying completed projects after the issue of the Occupation Certificate. They have reportedly corroborated the claims, citing alleged non-compliance with the terms of the Agreement of Sale, the Real Estate (Regulation and Development) Act, 2016, and the National Building Code of India.

The most serious concerns, according to the society, relate to life-safety systems that remain incomplete nearly three years after the issue of the Occupancy Certificate. The society alleges that 65 fire-rated doors were not installed at critical exit points between the corridors and stairwells. This missing work, valued at approximately Rs 50 lakh, could affect safe evacuation during a fire and may require inspection and recertification by the concerned authorities.

The society further alleges that surge protection devices (SPD kits) for all 22 lifts were removed from the Bill of Materials. It estimates the value of these devices at Rs 7 lakh and says their absence exposes lift systems, including ARD systems, to malfunction during power surges, increasing the risk of residents being trapped during emergencies.

The society also alleges that the corpus belonging to homeowners has been withheld by the builder without justification. According to the society's latest notice sent to the builder under RERA provisions, Jain Constructions is required to pay an accumulated total of Rs 2.92 crore, in addition to a chartered engineer's rectification assessment of Rs 1.35 crore, with interest continuing to accrue until final settlement.

It is further alleged that the builder retained the corpus of Rs 4.94 crore for more than two years and three months after the Occupation Certificate without depositing it in a separate escrow account, as required. Jacob said that although most of the principal amount was returned after repeated follow-up, the remaining amount, along with statutory interest under RERA, calculated at SBI MCLR plus 2 per cent, remains unpaid.

The society claims that the builder collected 12 months of prepaid maintenance charges but provided maintenance services for only 11 months. The remaining unutilised amount for one month should be refunded to the flat owners. This claim is based on an audit of the builder's expenses during the 11-month period, which found certain expenses to be inadmissible and inconsistent with the Agreement of Sale.

The society also noted that the final waterproofing work on all block terraces was left incomplete, resulting in continuous water leakage and seepage into the corridors below during rains. It further alleges that the structural expansion joints were not completed according to industry standards, leading to water leakage in the basement. The auditors have assessed and certified the cost of rectifying these and other civil and structural defects at Rs 1.35 crore.

Gowri, the signatory to a complaint letter addressed to the builder, said, "Ours is the top-most 13th floor, which has continuous leakage due to incomplete terrace work left by the builder. We are NRIs settled in the USA, and we periodically come to India and stay here, sometimes working from home during longer visits. We are highly disappointed as the builder doesn't respond to or attend to these structural defects despite repeated follow-up."

"The safety and security of our families cannot be compromised. For more than two years, we have been living with the constant threat of fire and lift safety risks because of the builder's negligence," said Jacob.

Jacob expressed hope that the builder would take these issues seriously and resolve them.

Otherwise, he said, the society would have no option but to initiate legal proceedings before the Telangana Real Estate Regulatory Authority (TG RERA), the Consumer Disputes Redressal Commission and other appropriate judicial forums to enforce its rights and ensure residents' safety. Repeated attempts by The Hans India to reach the management of Jain Constructions did not yield any response. The management did not respond to calls or text messages.