Chhattisgarh RERA Dismisses Maintenance Fee Claim in Raipur Housing Project

News Citation : 2026 LN (CGRERA) 8

The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has dismissed a complaint filed by the promoter of the “Park Serene” residential project at Labhandi, Raipur, seeking recovery of pending maintenance charges from an allottee, holding that the claim was time-barred and unsupported by proper documentation.

The complaint was filed by Ashiyana Builders and Colonizers, the promoter of the Park Serene project registered under RERA with registration number PCGRERA130618000131. The promoter alleged that the allottee, who had purchased Plot No. 87 measuring 1,500 square feet through a registered sale deed dated July 25, 2017, had failed to pay maintenance charges after an initial waiver period ended. According to the promoter, maintenance charges were fixed at ₹2 per square foot per month, and despite repeated reminders and a legal notice issued in December 2024, the allottee had not cleared the dues, which were stated to be ₹2.16 lakh along with interest.

The allottee strongly contested the claim, arguing that the project itself was incomplete and that the promoter had failed to provide clear accounts or documentary proof of actual maintenance expenses. The allottee also pointed out that no maintenance charge was specified in the sale deed and that the colony had not been formally handed over or completed, despite earlier directions issued by RERA requiring completion of pending works and initiation of the handover process. It was further argued that demands for maintenance raised several years after execution of the sale deed, without transparent expense statements or society accounts, were arbitrary and unfair.

After examining the pleadings, documents, and arguments from both sides, the RERA Authority framed key issues including whether it had jurisdiction, whether the complaint was filed within the prescribed limitation period, and whether the promoter was entitled to the relief claimed. On the issue of limitation, the Authority noted that the sale deed was executed in July 2017, while the complaint seeking maintenance charges was filed only in November 2025. Under the Limitation Act, such claims are required to be brought within three years. The Authority rejected the promoter’s argument that maintenance is a “continuing cause,” observing that while maintenance obligations may be ongoing, claims must still be raised within a reasonable and legally permissible timeframe.

The Authority also found that the promoter had not placed on record any agreement, detailed expense accounts, or audited statements to justify the maintenance charges demanded at a fixed rate of ₹2 per square foot. In the absence of documentary support and clear contractual terms, the claim was held to be vague and unsubstantiated. RERA further observed that statutory provisions allow recovery of maintenance charges only when they are reasonable, transparent, and raised in accordance with law.

In its final order dated January 14, 2026, the Chhattisgarh RERA dismissed the complaint in its entirety. However, the Authority clarified that the promoter would be at liberty to file a fresh application for maintenance charges strictly limited to the period falling within the statutory limitation and supported by proper records and legal justification.

The order underscores the importance of timely legal action, transparency in maintenance demands, and strict adherence to contractual and statutory requirements under the Real Estate (Regulation and Development) Act, 2016.