RERA Raipur Rejects Buyer’s Claim in Sky Life Phase-1 Dispute, Upholds Developer’s Cancellation and Refund

News Citation : 2026 LN (CGRERA) 11

The Chhattisgarh Real Estate Regulatory Authority at Raipur has dismissed a complaint filed by a homebuyer against the developer of the “Sky Life Phase-1” housing project in Bilaspur, holding that the allottee failed to comply with payment obligations under the registered sale agreement and was therefore not entitled to relief under the Real Estate (Regulation and Development) Act, 2016.

The complaint was filed by Sanjay Singh Rajput, who had booked Flat No. B-27 in Sky Life Phase-1, a project registered with the authority under Registration No. PCGRERA040718000450. The booking was made in October 2015, and a formal sale agreement was executed on April 7, 2018, fixing March 2020 as the target date for completion, subject to contractual conditions and timely payments by the allottee.

Rajput alleged that despite paying a substantial portion of the consideration, the developer failed to complete construction and hand over possession within the promised timeline. He sought cancellation of the agreement, refund of the amount paid along with interest, and compensation for delay, invoking Section 18 of the RERA Act.

The developer, M/s Medha Developers Pvt. Ltd., contested the claims and argued that the buyer had consistently defaulted on scheduled payments despite repeated demand notices. It was submitted that construction had progressed substantially and that delays, if any, were attributable to non-payment by the allottee and circumstances covered under the agreement. The developer also pointed out that the buyer had paid only ₹6.61 lakh through verifiable banking channels, disputing the higher payment figures claimed in the complaint.

After examining the sale agreement, payment records, notices exchanged between the parties, and project documentation, the authority held that the contractual relationship between the parties was governed by the registered agreement dated April 7, 2018. The Authority found no evidence to support the claim that the buyer had paid the higher amounts alleged in the complaint or that the developer had breached statutory obligations under RERA.

The bench observed that the completion timeline mentioned in the agreement was not absolute and was subject to compliance by the allottee with the payment schedule. It noted that repeated defaults by the buyer justified the developer’s action under the cancellation clause of the agreement. The Authority further held that Section 18 of the RERA Act could not be invoked by an allottee who himself was in breach of contractual terms.

RERA also rejected allegations of unfair trade practices, suppression of facts, or illegal demand of charges by the developer. It accepted the developer’s submission that all statutory approvals had been obtained and that construction activity had continued in accordance with sanctioned plans.

Upholding the cancellation of the allotment, the Authority accepted that the developer had refunded ₹12.08 lakh to the complainant after deducting permissible charges, as provided under the agreement. It ruled that the refund could not be termed illegal or arbitrary and declined to grant any further relief, including interest or compensation.

Accordingly, the complaint was dismissed, with the Authority concluding that no violation of the Real Estate (Regulation and Development) Act, 2016, or the Chhattisgarh RERA Rules, 2017, was made out against the developer.