Chhattisgarh RERA Directs Flat Owner to Pay Maintenance Dues and Interest in Samrajya Residency Case

News Citation : 2026 LN (CG-RERA) 39

June 18, 2026 : the Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has held that apartment owners are legally obligated to pay maintenance charges for common facilities and services provided by a developer until the project is formally handed over to the residents’ association. The Authority directed a flat owner in the Samrajya Residency project to clear outstanding maintenance dues along with interest within 45 days.

The case arose from a complaint filed by M/s Aadharshila Developers, the promoter of the registered real estate project “Samrajya Residency” at Khamtarai, Raipur. The developer alleged that allottee Avinash Kumar Sinha, owner of Unit Takshashila B-601, had taken possession of the apartment after executing a registered sale deed on March 6, 2021, but had failed to pay maintenance charges despite continuously availing common services and facilities within the project.

According to the complaint, the project was developed in compliance with applicable laws and received its Completion Certificate on January 8, 2024. Although the project was complete, the transfer of maintenance responsibilities to the residents’ association had not yet taken place. The developer claimed that repeated requests through meetings, letters, telephone calls, and communications with unit owners failed to secure payment of the outstanding maintenance dues.

The Authority noted that notices were duly served on the respondent allottee through registered post and electronic communication. However, the respondent failed to appear before the Authority on multiple hearing dates, including April 2, April 22, May 11, and June 3, 2026. Consequently, the proceedings were conducted ex parte.

While examining the dispute, the Authority considered the provisions of Sections 11(4)(d), 19(6), and 19(7) of the Real Estate (Regulation and Development) Act, 2016. It observed that until the association of allottees formally assumes responsibility for maintenance, the promoter remains responsible for providing and maintaining essential services. At the same time, allottees are under a statutory obligation to contribute towards maintenance expenses.

Quoting Section 11(4)(d) of the RERA Act, the Authority observed that, “the promoter shall be responsible for providing and maintaining essential services on reasonable charges until the association of allottees takes over the maintenance of the project.” The Authority further held that an allottee cannot avoid maintenance obligations merely because the project has received a completion certificate, especially when maintenance has not yet been transferred to the residents’ body.

The Authority also examined whether the maintenance charges claimed by the developer were reasonable. Since no specific maintenance rate had been fixed through any agreement between the parties or by a residents’ body, RERA scrutinized the expenses incurred by the developer. After reviewing the material on record, the Authority accepted the maintenance charge of ₹1.993 per square foot per month as justified and reasonable.

During the proceedings, another issue emerged regarding concessions granted to certain residents. Evidence showed that approximately 50 allottees had been granted a maintenance rebate of ₹9,636 per unit for the financial year 2024–25. Applying the principle of equality, the Authority held that the same benefit should be extended to all similarly situated allottees, including the respondent.

After deducting the rebate amount, the Authority determined that the respondent remained liable to pay maintenance charges amounting to ₹59,617. It further held that the allottee was liable to pay interest on the delayed payment under Section 19(7) of the RERA Act read with Section 18 and Rule 17. The interest was calculated at 10.80 percent per annum, resulting in an additional liability of ₹5,634.

In its final order dated June 18, 2026, the Chhattisgarh RERA directed the respondent allottee to pay the outstanding maintenance amount of ₹59,617, along with applicable GST, within 45 days. The Authority also ordered payment of ₹5,634 towards interest on the delayed maintenance charges.

The ruling reinforces the legal position that homebuyers must continue paying maintenance charges for common amenities and services until maintenance responsibilities are formally transferred to a residents’ association. It also highlights that developers must treat all allottees equally when granting concessions or rebates. The decision is likely to serve as an important precedent in disputes concerning maintenance obligations in residential housing projects governed by the RERA framework.

Case: M/s Aadharshila Developers v. Avinash Kumar Sinha, Case No. M-PRO-2026-03482.