In a recent ruling, the Tamil Nadu Real Estate Appellate Tribunal (TNREAT) upheld an order passed by the Tamil Nadu Real Estate Regulatory Authority (TNRERA) permitting a homebuyer to appoint an independent engineer to inspect his villa for alleged construction defects and the possible use of substandard materials by the builder. The appellate tribunal observed that such an inspection would assist in objectively determining whether any construction-related irregularities existed. It further noted that allowing an independent technical assessment would not prejudice the builder, particularly if the builder’s claim regarding adherence to quality standards proved to be correct. The order was delivered by a bench of the appellate tribunal comprising its chairperson, a judicial member, and an administrative member. The matter arose from an appeal filed by a homebuyer from Tamil Nadu, who alleged deficiencies in the construction of a villa purchased from the developer. The homebuyer contended that the builder had used inferior-quality materials as a cost-cutting measure. He highlighted several alleged irregularities, including defects in the overhead water tank and front elevation, issues with the spiral staircase, shortcomings in the parking pergola and second-floor pergola, and impairment of a first-floor window due to the construction of a neighbouring villa. According to the homebuyer, these deviations were in clear violation of the project brochure as well as the construction agreement. The tribunal noted that when the homebuyer initially raised concerns, the builder had appointed a site engineer and carried out certain rectification works. However, the homebuyer maintained that despite these measures, several defects continued to persist. The builder, in response, argued that the additional issues cited by the homebuyer were the result of normal wear and tear over time and did not amount to structural defects or construction irregularities. Addressing these submissions, the appellate tribunal clarified that if the promoter chose to raise objections before the regulatory authority, the authority would examine the matter on its merits and decide it in accordance with applicable law. The tribunal reiterated that permitting an independent engineering inspection at this stage was a reasonable step to ascertain the factual position without causing undue harm to either party.