MahaRERA: 'Paper Allotment of Parking Slot Not Enough'; Developer Must Provide Usable Space

Mumbai, April 9: "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," MahaRERA said in its order.

Authority's Directive

MahaRERA 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. Key issues:

• Possession of apartment: March 2024 (given)

• Parking facility: Not usable

• Temporary parking: Open area space in another building

• Permanent parking: In a structure still under construction (inaccessible and unfit for use)

• Distance issue: Permanent parking in building A, apartment in building G (far apart)

Developer's Defence

The developer argued 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 tower

• Parking spaces are allotted in nearby towers or designated areas

• Homeowners who booked earlier rank higher in seniority

• Allotment was strictly according to seniority without deviation

• The agreement for sale does not confer any right upon the homebuyer to choose or demand a specific parking slot

MahaRERA's Verdict

MahaRERA noted that the agreement for sale may not confer upon the homebuyer an absolute right to demand a parking slot in a specific tower. However, the developer must still provide a usable parking space once consideration has been collected.