Kerala RERA Orders Builder To Pay ₹75,000 To Homebuyer For Failing To Provide Permanent Car Parking Slots
Kerala Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising KS Sarath Chandran (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹75,000 for failing to construct permanent car parking slots despite having collected the payment. Background Facts The Homebuyer (Complainant) is the owner of flat No. 8E on the 8th floor...
Kerala Real Estate Regulatory Authority (Authority), Adjudicating officer Bench, comprising KS Sarath Chandran (Adjudicating Officer), has directed the builder to compensate the homebuyer with ₹75,000 for failing to construct permanent car parking slots despite having collected the payment.
Background Facts
The Homebuyer (Complainant) is the owner of flat No. 8E on the 8th floor of Sowparnika Promenade Square Project situated at Thiruvananthapuram. While Purchasing the flat homebuyer paid ₹92,150 for an individual car parking space to builders (Respondents) however, as per him it was not provided.
Further, Homebuyer contended that through the previous order dated April 6, 2022, the authority directed the construction of new car parking spaces for all homebuyers and set a deadline of six months for compliance. The order also imposed a penalty of ₹5,000 per day from October 23, 2022, for non-compliance on the builder.
Following the order, the builder constructed additional car parking spaces without proper approval, including an open parking area in the driveway, which the local authority ordered to be demolished.
Being aggrieved, homebuyer filed a complaint before the authority seeking ₹1,00,000 for mental agony due to the illegal car parking shed and ₹5,000 per month from October 23, 2021, to April 22, 2024, based on the authority's order dated April 6, 2022.
Contention of Builders
The builders argued that the complaint is an attempt to harass them and is barred by the doctrine of acquiescence. They stated that the Owner's Association approved the construction and allocation of additional car parking spaces, which were assigned on a first-come, first-served basis. As a member of the Association, the homebuyer had no right to challenge this arrangement and has been using the allocated space.
The builders also mentioned that they complied with building permit requirements under Kerala Municipality Building Rules (KMBR), 1999 and 2019, which mandated only 29 parking spaces for 99 apartments.
Observation and Direction by Authority
The authority observed that the homebuyer was entitled to receive car parking inside the building, as specified in the original agreement and sale deed. The builders were directed to provide the agreed-upon car parking spaces rather than temporary parking solutions in driveways, according to the order dated April 6, 2022.
The authority referred Section 2(y) of the Kerala Real Estate (Regulation and Development) Act, 2016, which stipulates that a garage must have a roof and walls on three sides and does not include open or uncovered parking areas.
The authority also held that the builders failed to comply with their orders and regulations, including the Kerala Municipal Building Rules (KMBR) and the Real Estate (Regulation and Development) Act, 2016. They did not obtain the necessary permissions for the temporary constructions and violated rules concerning the use of common areas and fire safety regulations.
The authority noted that the builders had collected parking charges from all homebuyers but did not provide the promised parking spaces. The temporary parking slots created by the builders were not suitable or legally compliant, causing inconvenience and mental distress to the homebuyer.
Therefore, the authority directed the builders to pay Rs. 75,000 as compensation with interest to the homebuyer for the mental agony caused by their failure to provide the car parking.
Case – Mr. Anil Kumar P.R. Versus M/s. Sowparnika Projects and Infrastructure (P) Ltd. & others
Citation- CCP No. 07/2024