Chhattisgarh RERA Directs Homebuyer to Clear Maintenance Charges, Upholds Promoter’s Right Until Society Takes Over

News Citation : 2026 LN (CG-RERA) 40

July 2, 2026 : In a significant ruling clarifying the rights and obligations of promoters and flat owners under the Real Estate (Regulation and Development) Act, 2016, the Chhattisgarh Real Estate Regulatory Authority (CG RERA), Raipur, has directed a homebuyer to pay outstanding maintenance charges to the promoter of the registered “Samrajya Residency” project in Raipur. The Authority held that until the maintenance responsibility is formally transferred to the residents’ association or cooperative society, the promoter remains legally responsible for maintaining the project and is entitled to recover reasonable maintenance charges from allottees.

The order was passed on July 2, 2026, by a Bench comprising Chairperson Sanjay Shukla and Member Dhananjay Devangan in Case No. M-PRO-2025-03393. The dispute arose after M/s Aadharshila Developers, the promoter of the Samrajya Residency project, filed a complaint under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with Rule 35 of the Chhattisgarh RERA Rules, 2017 against an allottee of Apartment Takshashila A-602 for non-payment of maintenance charges.

According to the complaint, the homebuyer had purchased the apartment through a registered sale deed executed on January 27, 2021, and had taken possession after expressing satisfaction with the property. The project subsequently received its completion certificate on January 8, 2024. Despite repeated requests through meetings, telephone calls and written communications, the allottee allegedly failed to pay maintenance charges while continuing to enjoy common area facilities and maintenance services provided by the promoter. The developer contended that this default placed an unfair financial burden on it, as maintenance expenses were being borne from its own resources.

The promoter further argued that the project comprises 432 units and that regular maintenance is essential for protecting the interests of all residents. It claimed that the allottee had defaulted on maintenance dues from April 1, 2023, to December 31, 2025, amounting to ₹83,721 including GST, besides seeking interest and compensation for the delay. The complaint relied upon Sections 11(4)(d), 19(6) and 19(7) of the RERA Act, which respectively deal with the promoter’s responsibility to maintain essential services until the association takes over and the obligation of allottees to make timely payment of maintenance charges along with liability to pay interest on delayed payments.

The Authority noted that although notices were issued to the respondent and sufficient opportunities were granted to file a reply, no written response was submitted by the allottee. After examining the pleadings and documents placed on record, CG RERA framed issues relating to its jurisdiction, limitation and the entitlement of the promoter to recover maintenance charges. It concluded that the complaint was maintainable under Section 31 of the RERA Act and had been filed within the prescribed limitation period under the Limitation Act, 1963.

While interpreting Section 11(4)(d) of the RERA Act, the Authority observed that “the promoter remains responsible for providing and maintaining essential services until the responsibility is formally taken over by the association of allottees.” It further found that although the project had already received its completion certificate and an earlier order had directed transfer of the project to the residents’ cooperative society, the actual transfer had not yet taken place. Consequently, the promoter continued to bear statutory responsibility for maintenance and retained the legal right to recover maintenance charges from allottees.

The Authority also examined whether the maintenance charges demanded were reasonable. It considered details of expenditure furnished by the promoter and accepted the maintenance rate of ₹1.993 per square foot per month. During the proceedings, it also emerged that nearly 50 allottees had been granted a concession of ₹9,636 each for the financial year 2024-25. CG RERA held that the principle of equality required the same benefit to be extended uniformly to every similarly placed allottee. It therefore ruled that the respondent would also be entitled to a deduction of ₹9,636 from the outstanding dues.

After adjusting this concession, the Authority directed the allottee to pay ₹59,617 towards maintenance charges, inclusive of applicable GST, within 45 days. Since the promoter had voluntarily extended the concession for one financial year, the Authority declined to grant additional interest under Section 19(7) on the reduced amount. However, applying Section 18 of the RERA Act read with Rule 17 of the Chhattisgarh Rules, it awarded interest of ₹5,634 calculated at 10.80% per annum, based on the State Bank of India’s highest Marginal Cost of Lending Rate plus two percent, for the relevant delayed period.

The ruling reinforces the statutory framework under the Real Estate (Regulation and Development) Act, 2016 by emphasizing that maintenance responsibilities and corresponding financial obligations continue until the residents’ association legally assumes control of the project. It also underscores that while promoters are entitled to recover reasonable maintenance expenses, any concessions granted to a group of allottees must be applied uniformly to ensure fairness and equal treatment. The decision is expected to serve as an important precedent for similar disputes involving maintenance charges in residential projects where the transfer of common areas to resident associations has not yet been completed.

Case Reference: M/s Aadharshila Developers through Partner Ashok Patel v. Sanjeev Kumar Jain, Chhattisgarh Real Estate Regulatory Authority (CG RERA), Raipur, Case No. M-PRO-2025-03393 (Project: Samrajya Residency, RERA Registration No. PCGRERA280818000727).