News Citation : 2026 LN (CGRERA) 10
The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has dismissed a complaint filed by a developer seeking recovery of alleged maintenance charges from a homebuyer in the “Park Serene” residential project at Labhandi, Raipur. The Authority held that the builder failed to justify the demand for maintenance fees and that the claim was barred by limitation under law.
The complaint was filed by Ashiyana Builders and Colonizers, the promoter of the Park Serene project registered under Chhattisgarh RERA, against an allottee who had purchased a residential plot measuring 1,500 square feet through a registered sale deed executed on November 11, 2021. The developer claimed that after offering an initial exemption period, the allottee failed to pay monthly maintenance charges calculated at ₹2 per square foot, resulting in alleged dues of ₹66,000 along with interest at 18 percent per annum.
According to the promoter, common services such as security, lighting, water supply, sanitation and upkeep of common areas were being provided and maintained from the promoter’s own funds after the exemption period ended. The builder argued that repeated oral requests and written notices failed to yield payment, prompting the filing of the complaint under Sections 31 and 35 of the Real Estate (Regulation and Development) Act, 2016.
The allottee contested the claim, arguing that the project had not been completed or handed over as per statutory requirements, and that no proper details or documentary proof of actual maintenance expenditure had ever been provided. It was also submitted that the demand for maintenance charges was not clearly mentioned in the sale deed, nor supported by audited accounts, a society maintenance framework, or a legally constituted maintenance mechanism. The allottee further contended that many promised facilities remained incomplete and that the colony had not been formally handed over, making the demand premature and unjustified.
After examining the pleadings, documents and applicable legal provisions, the RERA Authority held that while promoters are entitled to collect reasonable maintenance charges, such claims must be raised within the prescribed limitation period and must be supported by clear contractual terms and proper accounting. The Authority noted that the sale deed was executed in November 2021, while the complaint seeking recovery of accumulated maintenance charges was filed only in November 2025, well beyond the three-year limitation period prescribed under the Limitation Act, 1963.
The Authority rejected the promoter’s argument that maintenance constitutes a continuing cause of action, observing that demands cannot be raised indefinitely without timely legal action. It also found that the promoter failed to produce any concrete documentary evidence showing actual maintenance expenditure or a transparent basis for calculating the charges demanded from the allottee.
In its final order dated January 14, 2026, the Chhattisgarh RERA dismissed the complaint in its entirety. However, the Authority clarified that the promoter would be at liberty to file a fresh, legally sustainable application for maintenance charges for any future period that falls within limitation, provided such claims are properly documented and justified in accordance with law.
