In a recent ruling, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) upheld a Tamil Nadu Real Estate Regulatory Authority (TNRERA) order allowing a homebuyer to appoint an independent engineer to inspect his villa for possible construction defects and the use of sub par materials by the builder.
TNREAT noted that this inspection would help ascertain whether any irregularities existed and would not harm the builder if their claims about the quality turned out to be accurate.
This ruling was given by a bench of TNREAT composed of Justice M.Duraiswamy, Chairperson, K.Babu, Judicial Member and Selvi Apoorva, I.A.S. (Retd.) Administrative Member and it came against the backdrop of a case brought by Kumar, a homebuyer from Tamil Nadu.
Kumar informed TNREAT that he suspected the builder, from whom he bought the villa, had used poor quality materials to cut the cost of construction.
Specifically, Kumar pointed out that he observed irregularities in the OHT/front elevation, spiral staircase, parking pergola, the second floor pergola and that the first floor window was compromised due to the construction of neighbouring Villa No.55A, which clearly violated the brochure and the Construction Agreement.
When Kumar had initially raised his voice against this suspected irregularity, the builder had appointed a site engineer for his villa and rectifications were carried out. But Kumar alleged that despite this, other defects remained. In response, the builder argued that the additional defects Kumar mentioned were just normal wear and tear over time and not indicative of any structural defects.
On April 29, 2026, the homebuyer won the case in TNREAT.
Why did the homebuyer win the case in Tamil Nadu Real Estate Appellate Tribunal
Advocate Rajeev K Jha, Founder & Director, Sarve Permits & Legal Advisory, said to ET Wealth Online: "The homebuyer succeeded because the Tribunal held that appointing an independent engineer was both lawful and necessary to objectively determine the alleged construction irregularities and ensure compliance with the promoter’s obligations under Section 14(3) of the RERA Act."
Jha says that TNREAT observed that an independent inspection would not prejudice the builder but would assist both parties in identifying defects and facilitating rectification. Considering the allegations regarding deviations from the brochure and promised specifications, the Tribunal found that the TNRERA had rightly exercised its powers under Section 35 and dismissed the builder’s appeal, thereby upholding the appointment of the independent engineer.
TNREAT order and discussion
TNREAT said that it is necessary to appoint an independent engineer as the homebuyer wants the builder to provide the infrastructure, layout and design as promised and assured in the brochure/prospectus and to rectify any defects in the villa's standard or quality.
TNREAT further said that appointing an independent engineer will not cause prejudice against the appellant/promoter in any way.
TNREAT said: "In fact, it will be helpful, not only to the respondent/complainant (homebuyer), but also to the appellant/promoter (builder) to find out the irregularities, if any, and to rectify the defects found by the independent engineer."
TNREAT mentioned that the current appeal only concerns the appointment of an independent engineer to inspect the villa and to submit a report, and so they are not arriving at any conclusion about the contention of 'resjudicata' raised by the counsel appearing for the builder about the homebuyer repeatedly filing complaints for the same reliefs that have already been decided.
TNREAT said that if the appellant/promoter brings this matter up before the TNRERA, they will address the issue based on merits and according to law.
Order:
In view of the above discussions, after considering all the circumstances, TNREAT said that TNRERA has rightly appointed an independent engineer under Section 35 of the RERA Act and they do not find any reason to interfere with the findings of the TNRERA. Accordingly, the appeal is liable to be dismissed and is dismissed.
