Bihar RERA directs builder to complete amenities despite completion certificate in Patna housing project dispute.

May 4, 2026 : The Real Estate Regulatory Authority, Bihar has held that builders cannot escape their statutory responsibilities under the Real Estate (Regulation and Development) Act, 2016 merely by obtaining a completion certificate, especially when essential amenities and common facilities remain incomplete. In a significant order protecting homebuyers’ rights, Bihar RERA directed a Patna-based developer to complete pending works, provide proper drainage and sewage facilities, demarcate parking spaces, and form an association of allottees within a fixed timeline.

The order was passed by Inquiry Commissioner Sanjaya Kumar Singh in the matter titled Vikrant Vatsa vs M/s Pari Construction and Developers Pvt. Ltd., concerning the residential project “Bijay Nanda Enclave” in Patna. The complaint was filed under Sections 31 and 17 of the Real Estate (Regulation and Development) Act, 2016, alleging deficiency in service and failure to provide basic amenities despite full payment and possession of the flat.

According to the complainant, he had purchased Flat No. 303 along with a car parking space in the project and had already taken possession. However, he alleged that the promoter failed to complete several critical facilities, including proper drainage and sewage systems, firefighting arrangements, common area works, and formation of the association of allottees. The complainant also alleged that the parking space had not been properly demarcated and handed over.

The developer opposed the complaint and argued that the case was premature because it had been filed before expiry of the project’s extended completion period ending on September 25, 2024. The promoter further claimed that the project had already received a Completion Certificate in Form-XII on August 29, 2024 and that all facilities had been provided according to the sanctioned building plan and agreements executed with buyers. The developer also contended that installation of a firefighting system was not mandatory for a G+3 residential building.

Rejecting the builder’s preliminary objections, Bihar RERA observed that the allottee had already taken possession in 2021 and the allegations related to continuing deficiencies in essential services. The Authority ruled that the promoter’s obligations under Section 17 of the RERA Act do not end merely with structural completion or issuance of a completion certificate. It held that the responsibility extends to ensuring actual operational readiness of common services and promised amenities.

The Authority emphasized the welfare-oriented nature of the RERA legislation and stated that the law was enacted to protect homebuyers and ensure transparency and accountability in the real estate sector. The Bench observed that “mere issuance of a Completion Certificate does not absolve the promoter of its statutory obligations to ensure actual and functional provision of promised amenities and services to the allottees.”

On the issue of firefighting arrangements, the Authority rejected the developer’s defence that such systems were unnecessary for a G+3 structure. The order clarified that even if a formal fire department NOC was not mandatory, the promoter still had a primary responsibility to provide basic firefighting arrangements for the safety of residents.

The Bench also noted that Section 11(4)(e) of the RERA Act makes it mandatory for promoters to facilitate the formation of an association of allottees within the prescribed period. Since the promoter admittedly failed to comply with this requirement, the Authority held the developer liable for non-compliance of statutory obligations under the Act.

Relying on the Supreme Court judgment in Newtech Promoters and Developers Pvt. Ltd. vs State of Uttar Pradesh, Bihar RERA clarified that claims for monetary compensation fall within the jurisdiction of the Adjudicating Officer under Section 71 of the Act. However, the Authority retained jurisdiction to examine issues concerning incomplete works, common facilities, parking allocation, drainage, sewage systems, and other statutory obligations under Sections 14 and 17 of the Act.

In its final directions, Bihar RERA ordered the developer to complete all pending works relating to drainage, sewage systems, common areas, and other basic amenities within 60 days. The Authority also directed the promoter to properly demarcate and hand over the parking space within 30 days and to complete the formation of the association of allottees within 60 days. Additionally, the promoter was instructed to hand over all relevant project documents, plans, and common areas to the association after its formation.

The Authority further granted liberty to the complainant to pursue compensation proceedings separately before the Adjudicating Officer under the provisions of the RERA Act.

The ruling is likely to have wider implications for real estate developers across India, particularly in disputes where builders rely on completion certificates to defend allegations of incomplete infrastructure and deficient services. The order reinforces that developers remain legally accountable for ensuring functional amenities, safety measures, and statutory compliance even after possession is handed over to buyers. It also strengthens the position of homebuyers seeking enforcement of promised facilities under the RERA framework.

Case Reference: Vikrant Vatsa vs M/s Pari Construction and Developers Pvt. Ltd., RERA/CC/76/2024, decided on May 4, 2026, before Bihar RERA Inquiry Commissioner Sanjaya Kumar Singh. Counsel for the complainant: Punit Kumar; Counsel for the respondent: Sumit Kumar.