News Citation : 2026 LN (CGRERA) 17
February 18, 2026 : The Chhattisgarh Real Estate Regulatory Authority (RERA), Raipur, has directed a private civil contractor to carry out repair work in a residential property at Galaxy New Town after a homeowner complained of construction defects. The order was passed on February 18, 2026, in a dispute arising out of alleged faulty construction at a registered real estate project in Raipur.
The complaint was filed by Pawan Tiwari, owner of Plot No. 101 in the Galaxy New Town Phase II project located in Tulsi village, Raipur district. He told the Authority that although possession of the property was handed over in January 2022, serious defects began surfacing within three years. According to him, tiles had come loose, cracks had appeared in the walls, seepage issues had developed, and the wall supporting the water tank had suffered visible damage. Despite repeated representations, he alleged that the defects were not rectified, forcing him to approach RERA formally.
The project, registered with RERA under registration number PCGRERA150618000208, lists Swastik Developers as the promoter. Umesh Brahmankar, associated with Venus Infra, was also named in the proceedings as the private civil contractor responsible for construction.
In response, the contractor argued that he was merely engaged under a private construction agreement with the individual plot owner. He maintained that he had not marketed, sold, or advertised any unit in the project and had not received any sale consideration from buyers. On that basis, he claimed he did not fall within the definition of “promoter” under the Real Estate (Regulation and Development) Act, 2016, and therefore RERA had no jurisdiction over him.
The Authority examined the statutory framework and noted that under Section 2(zk) of the Act, a promoter includes a person who constructs or causes to be constructed apartments or buildings for the purpose of sale. It also referred to its circular dated December 24, 2019, which clarifies that where a contractor undertakes construction of more than eight units, registration as a co-promoter may be required. The contractor had admitted to constructing more than eight units. In view of this, RERA rejected his jurisdictional objection and held that the complaint was maintainable under Section 31 of the Act.
On limitation, the Authority found that possession had been handed over in January 2022 and the complaint was filed on May 24, 2025. It concluded that the application was within the period prescribed under Section 14(3) of the Act, which provides a five-year defect liability window from the date of possession.
During the proceedings, the contractor acknowledged certain minor defects and agreed to rectify them. These included seepage in the upper bathroom, replacement of a broken commode, repair of a dislodged brick in the duct area meant for lighting, and fixing visible cracks in the walls.
Taking note of this undertaking, the Authority disposed of the complaint with directions. It ordered the contractor to complete the specified repair works in Plot No. 101 by March 15, 2026. The directions specifically cover resolving seepage in the upper bathroom, repairing the damaged commode, restoring the displaced brick in the lighting duct, and fixing cracks in the walls of the house.
The order reinforces RERA’s position that contractors involved in substantial construction activity within a registered project may not be able to avoid regulatory scrutiny simply by describing themselves as private civil contractors, particularly where their role aligns with the statutory definition of a promoter.
Case Reference : Pawan Tiwari vs Swastik Developers
