E-Paper
MahaRERA rejects Pune homebuyer's parking claim, cites registered agreement stating no parking was sought
MahaRERA rejects Pune homebuyer's parking claim, says oral assurances cannot establish entitlement without documentary evidence
Prefer HTon Google
The Maharashtra Real Estate Regulatory Authority (MahaRERA) rejected a Pune homebuyer's complaint seeking allotment of a reserved parking space, noting that the registered Agreement for Sale explicitly stated that the allottee did not want car parking.
The homebuyer had alleged that he paid ₹1.50 lakh over and above the flat cost for parking, but the developer failed to allot him a space despite repeated assurances. However, MahaRERA said there was no evidence to establish that parking formed part of the agreed consideration.
“In the absence of such evidence, the complainant's contention that parking formed part of the agreed consideration cannot be accepted merely on the basis of alleged oral assurances,” MahaRERA said in its order.
The case
A homebuyer had booked a flat in the project Mantra Montana Phase VIII, located in Dhanori, Pune, on August 8, 2021, and received possession on June 17, 2024. According to his complaint, he had paid an additional ₹1.50 lakh for reserved parking as part of the flat's overall package cost. He alleged that, upon handing over possession, the developer assured him that a parking space would be allotted within 15 days.
However, despite repeatedly following up with the developer about the flat since June 2024, the homebuyer alleged that no parking space was allotted. In December 2024, the developer allegedly marked a parking space outside the society premises, in front of the shops, and asked certain flat purchasers to collect their parking allotment letters. The complainant objected to the arrangement, stating the parking was provided outside the society premises.
Subsequently, during a meeting with the developer on February 11, 2025, the complainant alleged he was assured that parking would be allotted within the society premises. On March 4, 2025, the developer allegedly informed him that parking was being created on the basement ramp and that an allotment letter would be issued within 15 days.
However, on March 10, 2025, the complainant was informed that no parking solution could be provided. He subsequently approached MahaRERA seeking directions to the developer to allot an open reserved car parking space within the sanctioned layout of the project.
Also Read: MahaRERA directs real estate agent to pay 1% brokerage to homebuyer who purchased a flat through him
Developer's defence
The developer contested the complaint and denied receiving any separate payment of ₹1.50 lakh for parking. It stated that the total amount of ₹23.37 lakh received from the homebuyer was only for the consideration of the flat. The developer also argued that the registered Agreement for Sale contained no provision regarding allotment, sale or transfer of a car parking space and that it never gave any written or oral assurance regarding parking.
The developer further submitted that whenever parking is allotted to a flat purchaser, the details are specifically mentioned in the Agreement for Sale, its schedule and Index II. It maintained that the complainant failed to produce documentary evidence supporting his claim and sought dismissal of the complaint.the allotment, sale, or transfer of a car parking space.
MahaRERA's verdict
In its order dated November 5, 2026, MahaRERA said the homebuyer failed to produce any payment receipt, bank statement or other documentary evidence establishing payment of ₹1.50 lakh towards parking. The authority also examined the registered Agreement for Sale dated September 17, 2021, and found it provided for no parking allotment.
"Upon examination of the registered Agreement for Sale, no provision or stipulation regarding allotment of a car parking space in favour of the complainant is found. The Index II of the registered agreement also does not record any such parking allotment. On the contrary, particular attention is required to be drawn to Clause 2(1)(a) of the Agreement for Sale, wherein it is specifically recorded that “the allottee states he doesn't want any car parking,” MahaRERA said in its order.
"The complainant has not placed on record any subsequent agreement, written confirmation, parking allotment letter or other cogent documentary evidence demonstrating that the aforesaid stipulation was subsequently modified or that the Respondent (developer) had agreed to allot a parking space notwithstanding the said declaration. In the absence of such evidence, the complainant's contention that parking formed part of the agreed consideration cannot be accepted merely on the basis of alleged oral assurances," the MahaRERA said in its order.
In light of the above, MahaRERA rejected the homebuyer's complaint. "In absence of cogent evidence establishing any subsequent agreement or commitment contrary to the said clause, no direction for allotment of parking can be issued against the developer," the MahaRERA said in its order.
An email query was sent to Mantra Group. The story will be updated if a response is received. The homebuyer could not be reached for comment.
