The Maharashtra Real Estate Regulatory Authority (MahaRERA) directed a real estate developer to allot an alternate parking space to a homebuyer until his parking space is constructed.
“The developer is under an obligation to provide a usable covered car parking space once consideration for the same has been collected. Mere paper allotment of a parking slot in a building which is under construction and not available for actual use cannot be treated as proper allotment of the promised parking facility,” the MahaRERA said in its order.
The MahaRERA further directed the developer to allot a ‘reasonably accessible’ car parking space to the homebuyer within three months of the order.
The case
The homebuyer purchased an apartment in a Pune project in February 2020 along with one covered parking space. According to the homebuyer, although possession of the apartment was handed over in March 2024, the parking facility was not usable. Instead, a temporary parking space in an open area was assigned in another building, and the designated permanent parking remained in a structure still under construction, rendering it ‘inaccessible and unfit for use.’
The homebuyer alleged that the developer allotted permanent parking in building A (name changed), whereas he had booked an apartment in building G. He alleged that the parking space and the building in which he booked the flat are far apart.
Developers’ defence
The developer, in its response to MahaRERA, said that in an integrated township project, it is not always possible for every apartment owner to receive a parking space directly below or adjacent to their respective tower. In such circumstances, parking spaces are allotted in nearby towers or designated areas within the project.
“Homeowners who booked earlier naturally rank higher in the seniority list than those who booked later, and the allotment has been carried out strictly in accordance with the said seniority list without any deviation,” the developer said in its submission to MahaRERA.
According to the developer, the clauses of the agreement for sale pertaining to car parking allocation do not confer any right upon the homebuyer to choose or demand a specific parking slot.
MahaRERA’s verdict
In a recent order, the MahaRERA said that it has also noticed that the said agreement for sale may not confer upon the homebuyer an absolute right to demand a parking slot in a specific tower.
