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MI recently bought a flat in bangalore. The parking space allotted for my flat is less, it barely fits the car I have (creta). There is no way I can park a 7-seater (XUV700, fortuner) in the same parking space. There is no specified metric (sq ft) in the agreement regarding the parking space. Just mentions that a parking space will be provided. Almost every other flat owners got much better parking spaces. The developer is refusing to allot another parking space. Can I take them to court? Is there any other way this can be handled?
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PGiven that your agreement vaguely promises “a parking space” without specifying dimensions, the situation is challenging but potentially actionable. First, check Bangalore’s municipal building bylaws or the approved building plan (if accessible) for standard minimum parking space dimensions, as developers are typically required to adhere to these norms. Document the inadequacy of the allotted space with photos/videos, and gather any brochures, emails, or plans from the developer that might have implicitly suggested a standard or usable parking size. Since other owners received better spaces, consider discussing this collectively. If negotiation with the developer fails, your primary legal recourse would be to file a complaint either with the Karnataka Real Estate Regulatory Authority (RERA) for failure to provide the promised amenity in a usable standard form or potentially misleading representation, or with the Consumer Disputes Redressal Commission (Consumer Court) alleging deficiency in service due to the unusable nature of the allotted parking space. While the contract’s vagueness is an issue, RERA and consumer courts often consider standard practices, bylaws, and the principle of reasonableness when assessing such disputes.
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