MahaRera: Parking space builders’ contractual obligation towards buyersUpdated: Aug 15, 2020, 00:34 IST
Builders who fail to provide proper parking spaces to homebuyers could face stringent action from the Maharashtra Real Estate Regulatory Authority (MahaRera).
In a significant ruling, on August 7, MahaRera came down heavily on a Pune-based realty firm for failing to provide standard-size parking space to the complainant buyers, saying parking space was a contractual obligation on the part of builders towards buyers. It also directed the firm to provide a sufficient driveway so that buyers can bring their cars out of their parking slot smoothly.
Buyers Sandip Jambhale and Prashant Shingan had filed a complaint with MahaRera against builders Shri Venkatesh Sharada Infracon, alleging the builders’ project Parijat Building A in Ambegaon, Pune did not provide sufficient car parking space to residents. Jambhale and Shingan also complained that the side margins required around the building had been narrowed down.
An architect appointed by MahaRera visited the building in January and submitted a report on their findings to MahaRera. Based on the architect’s report, MahaRera member BD Kapadnis ruled that a builder is contractually obliged to provide proper parking space.
Responding to Jambhale’s complaint, Kapadnis said, “It is necessary for the respondent [the builder] to provide Mr Sandip [Jambhale] the parking space, which must have sufficient way to take four-wheelers to the parking space and the parking space should be of standard size as laid down by the bylaws so that a car of standard size should be parked therein easily.”
With regards to Shingan’s complaint, Kapadnis said the builder cannot provide parking in the upper level as it was meant for two-wheelers. “The respondents cannot provide a car parking of four-wheeler on the upper level parking. It will be in contravention of section 14 because it violates and contravenes the sanctioned plans or specifications therein,” he said.
Kapadnis further observed that during the site visit, the architect had noted the driveways “are not as per the dimensions required by the bylaws and therefore, it is difficult to drive four-wheelers to the parking space allotted to the complainants”.
Shri Venkatesh Sharada Infracon has agreed to provide adequate car parking spaces to both complainant buyers.
Housing activist Ramesh Prabhu said, “Parking space is an essential amenity and it is obligatory for builders to provide a decent parking space to buyers. This ruling will force builders to improve the overall quality of their buildings.”