When a developer handed over a parking space to a homebuyer on the ground floor instead of basement as per the agreement, he was ordered by Maharashtra Real Estate Regulatory Authority (MahaRERA) to stick to the deal or return the money. When the developer challenged the order and appealed to the Maharashtra Real Estate Appellate Tribunal, the tribunal not only upheld the order but also asked the developer to pay an additional amount of Rs 20,000 to the home buyer.
The case pertained to a developer named Nahalchand Laloochand Pvt Ltd. Complainants Maya and Haresh Karvat had bought a flat in the project NL Aryavarta in Dahisar. The developer during the registration of the agreement in 2016, had promised the home buyers a parking space in basement.
However, while handing over possession of the flat, the Karvats were given a parking space on the ground floor. This was a breach of the obligation as per agreement. They moved MahaRERA seeking relief.
The developer in his defence said that the change in the slot was due to amendment in Development Control Regulations, 1991 in the year 2012 which led to a change in the sanctioned plan. He further contended that the homebuyers had taken possession of ground-level parking along with the flat in the month of May 2018 and thus, cannot lodge a complaint.
Meanwhile, the complainants pointed out that the developer was selling a parking place at basement level for a high price.
The tribunal held that, if at all sanction plan was amended, the developer was under obligation to inform the home buyers about the same.
“The tribunal further held that unilateral change in allotting the parking place is not acceptable. The developer is under obligation to deliver possession of the flat along with parking place as per the terms and conditions of the agreement,” said the tribunal.
It also noted that the order by MahaRERA member Vijay Satbir Singh asking the developer to hand over possession of parking at basement and alternatively refund the price of parking place to homebuyer was just, and needs no interference.
