Gujarat RERA Orders Developer to Return Rs 7.99 Lakh in Maintenance Fees

The Gujarat Real Estate Regulatory Authority (RERA) has directed Samanvay Realty to return Rs 7.99 lakh to the Service Society of the Samanvay Sequence commercial project in Vadodara. The authority also ordered the formation of the Service Society within 90 days.

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Gujarat RERA Orders Developer to Return Rs 7.99 Lakh in Maintenance Fees
Real Estate News:The Gujarat Real Estate Regulatory Authority (RERA) has partially upheld a complaint filed by the allottees’ association of the Samanvay Sequence commercial project in Vadodara, issuing key directives against the developer, Samanvay Realty.

The Authority held the developer liable on two major counts. First, it ordered Samanvay Realty to deposit Rs 7,99,345 into the Service Society’s account once it is registered. The amount represents maintenance charges for September 2019 to January 2021 that the developer had wrongly deducted from the society account during the handover process.

Crucially, the Authority observed that the developer remained responsible for the project’s maintenance until the Building Use (BU) certificate was issued on 25 October 2021, or until the handover to the residents’ welfare association, whichever came earlier. The developer has been directed, alongside the complainants, to ensure that the Service Society is registered within 90 days of the order.

RERA further noted that Samanvay Realty failed to form the Service Society within the time mandated under Section 11(1)(e) of the RERA Act, which requires the creation of such a body within three months of most units being booked. With numerous disputes across the state on who bears maintenance responsibilities during the transition phase, this ruling is expected to provide much-needed clarity.

However, the Authority dismissed several compensation-related demands made by the complainants, stating that such claims fall within the jurisdiction of the Adjudicating Officer (AO). These include the Rs 40,00,000 sought over the construction of only one front ramp instead of the two shown in approved plans; Rs 30,000 per shop or office owner for dropping attached rear toilets depicted in the sanctioned plan; and Rs 7,55,000 for fire safety equipment installed following a notice from the Vadodara Municipal Corporation’s Fire Department.

Samanvay Realty had initially filed a written response denying all allegations and questioning the complainants’ credentials, arguing they had not approached the Authority with “clean hands”. But after submitting the reply, neither the developer nor any representative appeared for subsequent hearings. As a result, RERA proceeded ex parte on August 14, 2025.

This decision by RERA is expected to set a precedent for similar cases in Gujarat, ensuring that developers adhere to the regulations and responsibilities outlined by the RERA Act.

Frequently Asked Questions

What is the main issue addressed by RERA in this case?

The main issue addressed by RERA is the improper deduction of maintenance fees by the developer, Samanvay Realty, from the Service Society's account during the handover process.

How much money has RERA ordered Samanvay Realty to return?

RERA has ordered Samanvay Realty to return Rs 7,99,345 to the Service Society's account.

What is the deadline for forming the Service Society?

The developer and the complainants have been directed to ensure that the Service Society is registered within 90 days of the order.

Why were some compensation claims dismissed by RERA?

RERA dismissed several compensation-related demands because such claims fall within the jurisdiction of the Adjudicating Officer (AO).

What is the significance of this ruling for similar cases in Gujarat?

This ruling is expected to set a precedent for similar cases in Gujarat, ensuring that developers adhere to the regulations and responsibilities outlined by the RERA Act.