Mumbai: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has ordered a Dahisar-based developer to refund parking money for unable to provide the same place to the home buyer as agreed at the time of sale agreement. It observed that the developer is liable to provide the parking space in accordance with the terms and conditions of sale agreement. Moreover, unilaterally changing the parking space without informing the buyer is not proper it cited when the developer was well aware in advance about the change in the building plan.
The case involves the developer NL Aryavarta, who challenged the order of MahaRERA dated November 16, 2018, in which he was directed to refund the parking money. However, in August this year, MahaRERA forum of Indira Jain, chairperson and Sumant Kolhe found the previous order proper, legal and sustainable and stated it requires no interference.
According to the order copy, the home buyer Maya and Haresh Karvat had approached MahaRERA claiming that the builder has provided them stack parking of ground floor at the time of possession of their flat. The developer committed a breach of obligation of providing basement parking as per the agreement, they alleged. Besides, to prove their claim they presented the copy of allotment letter, possession letter and agreement of sale. Based on which, MahaRERA passed the order in favour of the home buyer.
NL Aryavarta contended that the change in parking space was due to an amendment in the development control regulations (DCRs) in 2012. Following which the sanction plan had to be changed and the home buyer had to be allotted parking place at ground level instead of basement.
He also argued that the home buyer accepted the parking space at the time of possession of their flat and accordingly the possession receipt was executed. However, MahaRERA cited that under the pretext of completing the formalities, home buyers signed various documents.
The order reads, "In the ordinary course of nature it is quite possible and probable that the home buyer who is eagerly waiting for years together to take possession of the home might have signed the documents prepared by the promoter (developer) without carefully perusing details of the recitals in such documents."
Further the order copy reads, "If at all the sanction plan was amended due to a change in DCRs, then (promoter) developer was under obligation to inform the home buyer that they will get a parking place at ground level instead of basement level. However, the allottees were taken by surprise only on the day on which possession of the flat and parking place was delivered. Thus, a unilateral change in allotting the parking place on ground floor in lieu of a parking place at basement on the part of the developer is not proper."
