Chhattisgarh RERA Orders Builder to Fix Seepage Defects in Bhilai Apartment, Grants Homebuyer Relief

News Citation : 2026 LN (CGRERA) 1

The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has directed a real estate developer to rectify persistent seepage and leakage defects in a residential flat at Bhilai, holding that the issues amount to structural defects under the Real Estate (Regulation and Development) Act, 2016.

The order was passed on January 5, 2026, in a complaint filed by a homebuyer residing in Flat No. 409 of the “Shubhakanksha Heights” project located at Risali, Bhilai district. The project is registered with Chhattisgarh RERA under registration number PCGRERA300618000430.

According to the complainant, soon after taking possession of the flat in February 2022, serious seepage problems began appearing in the dining area walls, bathroom-adjacent passages, wash basin area, bedroom walls, and balcony. Despite repeated complaints to the builder, only superficial repairs were carried out, such as filling tile joints with waterproofing compound. The core cause of the leakage was never properly addressed.

The complainant alleged that over time, the seepage worsened and spread beneath floor tiles and wall finishes, damaging paint, wall putty, wooden fittings, wallpapers, and balcony railings. The continued dampness also led to health concerns for the family. The buyer claimed to have spent nearly ₹50 lakh on purchasing and furnishing the flat and argued that such defects made the property unfit for normal living.

The builder, in its reply, contended that the project had received its completion certificate in May 2021 and that possession was offered earlier. It also argued that some repairs were carried out in 2023 under the supervision of the complainant’s spouse, who is a civil engineer. The developer further claimed that waterproofing work had already been done and assured that any remaining issues would be resolved through its appointed contractor.

After examining the pleadings, documents, and statutory provisions, the RERA Authority held that the complaint was maintainable and filed within limitation. The Authority relied on Section 14(3) of the RERA Act, which obligates promoters to rectify any structural defects or defects in workmanship within five years of handing over possession, without additional cost to the allottee.

The Authority rejected the builder’s argument that the defects were minor or caused by usage over time. It observed that recurring seepage, despite repeated repairs, indicated unresolved structural deficiencies. The Authority also clarified that completion certificates do not absolve developers of their statutory liability under Section 14(3).

In its final directions, the Authority ordered the builder to permanently remove seepage and leakage issues in Flat No. 409, including necessary replacement of damaged materials such as tiles, wall finishes, and fittings. The developer has also been directed to ensure that if seepage reoccurs within one year after repairs, the buyer will be entitled to seek further remedies, including compensation, under the Act.

The order reinforces the continuing responsibility of builders for construction defects and underscores that homebuyers cannot be left to bear the consequences of faulty construction after possession.

Case Reference : M-PRO-2025-03020 | Sandhya Gupta v. Shubh Labh Associates (through Mr. M.K. Sahu and Mr. Dinesh Bajpai) | Shubhkamanā Heights (PCGRERA300618000430) | Section 14(3), Real Estate (Regulation and Development) Act, 2016