Hindustan Times ST (Mumbai)

Maharera: Parking space builders’ contractua­l obligation towards buyers

- Naresh Kamath naresh.kamath@htlive.com

Mumbai: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 Ambedgaon 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 fourwheele­r 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.

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