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News Citation : 2026 LN (CG-RERA) 37
June 10, 2026 : A major dispute between residents of Harshit Niyo City and the project’s developers has reached the Chhattisgarh Real Estate Regulatory Authority (RERA), bringing renewed attention to homebuyers’ rights and builders’ obligations under the Real Estate (Regulation and Development) Act, 2016.
In an order passed on June 10, 2026, the Chhattisgarh RERA examined a complaint filed by Harshit Niyo City Residential Cooperative Society, representing residents of the housing project located at Amleshwar in Durg district. The society alleged that several amenities and infrastructure facilities promised at the time of sale have either not been developed or remain incomplete despite the passage of several years since the project’s launch.
According to the complaint, the developer marketed the project through brochures, advertisements and online promotional material that promised modern infrastructure, including a grand entrance gate, landscaped roads, parks, club house facilities, sports amenities, street lighting, water supply systems, drainage networks, educational and healthcare facilities, and other community infrastructure. The residents’ association contended that many of these facilities were either never developed or were left in a deficient condition.
The society further alleged serious shortcomings in basic civic infrastructure within the township. Among the concerns raised were inadequate security arrangements, incomplete boundary walls, insufficient potable water supply, inadequate borewells, transformer capacity issues, poor maintenance of roads and common areas, cracks and leakages in certain structures, and the non-development of several amenities highlighted in project marketing material. The complainant also claimed that a substantial sinking fund collected from residents had not been properly transferred to the society.
Another important grievance related to the transfer of common areas and maintenance responsibilities. The society alleged that despite repeated requests, the developer failed to execute the transfer of common areas in accordance with Section 17 of the RERA Act. Residents also contended that they had been compelled to assume maintenance responsibilities and incur significant expenses after the developer allegedly discontinued regular maintenance services.
Seeking relief from the Authority, the society requested directions for completion of all promised amenities, construction of adequate security infrastructure, provision of safe drinking water, repair of defects and deficiencies across the project, transfer of the sinking fund along with interest, execution of conveyance documents for common areas, and imposition of penalties under Sections 59, 60 and 61 of the RERA Act. Compensation for alleged mental harassment and inconvenience was also sought.
The developer strongly disputed the allegations and argued that the complaint was factually and legally unsustainable. The promoter maintained that the project had been developed in accordance with the approved layout plans and applicable statutory requirements. Significantly, the developer pointed out that a Completion Certificate had been issued by the competent authority on November 21, 2022, which, according to the promoter, demonstrated that the mandatory development obligations had already been fulfilled.
Responding to the allegations regarding missing amenities, the developer contended that several facilities cited by the complainants, including educational, healthcare and recreational infrastructure, were proposed amenities subject to regulatory approvals, commercial viability and future demand. The promoter argued that modifications to certain proposals were carried out in accordance with law and after obtaining necessary approvals. The developer also claimed that all required disclosures had been made on the RERA portal and that resident complaints had been addressed from time to time.
The case raises significant questions regarding the extent to which promotional representations made in project brochures and advertisements become legally enforceable obligations under the RERA framework. It also highlights recurring disputes across the real estate sector involving maintenance responsibilities, transfer of common areas, management of sinking funds and accountability for promised amenities after project completion.
Legally, the dispute touches upon several important provisions of the RERA Act. Section 11 outlines the duties and responsibilities of promoters, while Section 17 governs the transfer of title and common areas to associations of allottees. The complaint was filed under Section 31 of the Act, which enables aggrieved allottees or associations to approach the Regulatory Authority. The demand for penalties invokes Sections 59, 60 and 61, which deal with consequences for non-compliance and regulatory violations.
The outcome of the proceedings could have wider implications for housing societies and developers across Chhattisgarh. As homebuyers increasingly rely on RERA mechanisms to enforce contractual promises and statutory obligations, the Authority’s eventual findings may provide important guidance on the legal status of promised amenities, the transfer of common infrastructure, and the responsibilities that continue even after a project receives completion certification.
Case Reference : Harshit Niyo City Residential Co-operative Society Maryadit v. M/s Singhania Buildcon Pvt. Ltd. & Anr., Case No. PRO-2026-03492.