Homebuyers in Maharashtra can approach the Maharashtra Real Estate Regulatory Authority (MahaRERA) in case the developer ends up allotting a smaller-than-promised parking space.
A case study to be referred here is that of a homebuyer in Pune who has approached MahaRERA after the developer allegedly allotted a parking lot (mechanical parking) measuring 10 sq mtrs against the promised 12 sq mtrs in the agreement for sale.
The homebuyer alleged that due to the size of the mechanical parking lot, he is unable to park his SUV car.
Following this, MahaRERA, in its order, has directed Pune-based Naiknavare Developers to undertake measurement of the parking lot and deliver the parking lot to the homebuyer as promised in the agreement for sale within a month.
The case
The homebuyer approached MahaRERA in September 2021, mainly seeking directions from MahaRERA to the developer to allot him parking as per the agreement and compensation prescribed under the provisions of section 18 of the Real Estate (Regulation & Development) Act, 2016.
The homebuyer had booked a flat costing Rs 59 lakh in Avon Vista Project-1 in the Mahalunge area of Pune.
The homebuyer filed this complaint citing the parking provided developer is not adequate for parking his SUV. The homebuyer maintained that possession was obtained in December 2021 and that he is unable to park his vehicle in the parking provided by the developer. Therefore, the homebuyer prayed for allotment of adequate parking space as per the agreement for sale.
Small parking space allotted
According to the homebuyer, as per the agreement for sale, he was entitled to get a 4-wheeler car parking space of 12.50 sq mtrs (mechanical parking space). However, the developer has allegedly allotted him a car parking space having an area measuring 10 sq mtrs. He further said that the height of mechanical parking is not suitable for SUV cars.
According to the order dated August 11, 2023, of MahaRERA, the homebuyer had filed this online complaint before MahaRERA on September 22, 2021. However, to date, the developer has not bothered to upload his reply to this complaint, though the complaint was visible to the respondent in the project login.
What is the definition of covered parking as per the RERA Act?
The exact definition of a covered parking lot as per the RERA Act is "a place within a project having a roof and walls on three sides for parking any vehicle but does not include an unenclosed or uncovered parking space such as open parking areas."
Can real estate developers sell parking lots?
According to MahaRERA, open parking areas are provided free of Floor Space Index (FSI); and developers are not entitled to sell/allot open parking areas for monetary consideration. However, in the case of covered parking, developers can charge the homebuyers.
In this context, a circular issued by MahaRERA in 2021, reads, "Garage and/or covered parking space when sold/allotted for monetary consideration, the type, numbers and size as well as the place where such garage or covered parking space is situated should be mentioned in the agreement for sale being entered into and the plan showing the exact location/allotment along with the particulars as aforesaid should be annexed to the agreement for sale."
Also read: Parking woes: This is how RERA distinguishes parking space and garage
MahaRERA's order:
According to the MahaRERA order, the issue of parking can be verified from the approved plan of the car parking space issued by the competent authority and by measuring the size of the car parking allotted to the homebuyer.
MahaRERA directed the developer to verify the size of the car parking at the upper-level puzzle parking allotted to the complainant as per the approved plan issued by the competent authority.
"The developer is also directed to allot car parking space as per Schedule -A of the registered agreement for sale dated February 15, 2019, within a period of 30 days along with the sanctioned plan of the said car parking issued by the competent authority," reads the MahaRERA order.
Meanwhile, when contacted, Naiknavare Developers in an email response to Moneycontrol said, “The customer was allotted no. 122 at Upper-Level Puzzle Parking l as per the approved plan issued by the competent authority. This being a mechanical parking system, the 12 sq. mtrs is as per RERA definition which includes structural components of such types of parking systems."
"Mechanical parking as a system works as a collective mechanism and hence precise discretisation of the spaces allotted to individuals can be misinterpreted. The total area includes structural and other mechanical components that contribute to the overall operations of the entire system for multiple palettes," the developer added.
Also read: Lack of parking facilities depreciate real-estate assets in Bengaluru
“Being a managing committee member, the said customer demanded the company provide non-mechanical parking costing higher, in place of the mechanical car park mentioned in his agreement. No demand for a larger size car park was made by the customer at the time of purchase. The current registered official parking is meant for standard cars as is the case with all mechanical parking. An appeal is planned so that the technical subtleties of the matter can be correctly represented," added the developer's response.
"The company will reference the current order to explore the merits presented by the authority in terms of the ground footprint. Nevertheless, there’s an ambiguity in the understanding of mechanical car parking systems as a whole which are here to stay," the developer further added.
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