News Citation : 2026 LN (CGRERA) 19
February 25, 2026 : The Chhattisgarh Real Estate Regulatory Authority has directed a Raipur-based builder to rectify serious structural defects in a residential unit at the “Riddhi Siddhi Lotus Park, Sector 2” project in Boriya Kala, holding that the homebuyer’s complaint fell squarely within the protection available under the Real Estate (Regulation and Development) Act, 2016.
The order, passed on February 25, 2026, came on a complaint filed by Kumari Srishti Khare against Monika Builders and Developers, represented by proprietor Satish Kumar Jain. The project is registered with RERA under registration number PCGRERA130718000535.
Khare told the Authority that within just three years and nine months of construction, her house began showing visible and progressively worsening defects. Cracks appeared in interior and exterior walls. Floor and elevation tiles started loosening, breaking, and sinking. One of the columns reportedly tilted, and sections of the floor began to subside, making the structure appear visibly slanted from both inside and outside.
She stated that although the builder had earlier carried out minor repairs and described the cracks as routine issues common in new constructions, the problems resurfaced and intensified. Despite repeated requests, she alleged that no lasting solution was provided. The condition of the house, she said, created anxiety and fear for her family’s safety. The property is her only residence and was purchased through a bank loan, adding financial strain to the distress.
The builder, through legal representation, informed the Authority that it was willing to undertake necessary repairs and rectification work. It argued that no formal notice under Section 14(3) of the Act had been served before the complaint was filed. However, it expressed readiness to complete repairs within three months once access was made available and said the buyer had agreed to temporarily relocate during the rectification process.
During the proceedings, the Authority appointed a commissioner for site inspection. The inspection report noted cracks in walls, floor and wall tiles, tilting of a column, and floor subsidence. It further recorded that earlier crack repairs had failed and the defects had reappeared, indicating serious structural concerns. The Authority also directed that an inspection be conducted through a government engineering college or the National Institute of Technology, Raipur, but the builder did not submit the required report.
After reviewing submissions and records, the Authority held that it had jurisdiction under Section 14(3) of the Act to adjudicate structural defect claims and that the complaint had been filed within the statutory five-year defect liability period.
In its final directions, the Authority ordered the builder to remove all structural defects in the concerned unit within 90 days. The repairs must be carried out after proper inspection by a government engineering institution or the National Institute of Technology, Raipur, both before and after rectification. The builder must obtain a completion and satisfaction certificate from the competent authority and the allottee before handing back possession.
The Authority also directed the builder to provide alternative accommodation of equivalent carpet area during the repair period, or bear the financial cost of such accommodation if arranged by the allottee. It clarified that the complainant is free to separately pursue compensation under Section 71 of the Act before the adjudicating officer for losses suffered due to the defects.
Case Reference : M-PRO-2025-02801, Srishti Khare vs Monika Builders and Developers (Riddhi Siddhi Lotus Park Sector-2, PCGRERA130718000535)
