2 weeks ago
Builder Ordered to Provide Promised Free Parking Space
A homebuyer was promised a free parking space when he bought an apartment.
He said the builder did not give him one for more than two years.
The buyer also said the builder later claimed all spaces had been assigned to other people.
The builder denied the allegations and argued that it was not properly connected to the contract.
The consumer commission examined the project documents.
It decided that the builder was responsible for keeping the parking promise.
The commission ordered the builder to provide one open parking space within 30 days.
It also ordered the builder to pay Rs 2,000 for legal costs.
The complaint against a separate developer was dismissed.
The Gautam Buddh Nagar District Consumer Commission ordered a builder to provide a homebuyer one free open parking space.
The homebuyer said the project’s price list promised one free open parking space to every buyer.
He alleged that no space was allotted despite occupying his apartment for more than two years and making repeated requests.
The commission ruled that the builder’s failure constituted a deficiency in service and ordered it to pay Rs 2,000 in litigation costs.
The complaint against the developer was dismissed because it was not named in the relevant contractual documents.
- Who
- An apartment homebuyer, the builder, a developer, and the Gautam Buddh Nagar District Consumer Commission.
- What
- The commission ordered the builder to provide a promised free open parking space and pay Rs 2,000 in litigation costs.
- Where
- Gautam Buddh Nagar, Uttar Pradesh.
- When
- The order was dated August 12; the buyer said he had occupied the apartment for more than two years before filing the complaint.
- Why
- The commission found that the builder had failed to provide the free parking space promised in the project’s price list.
Homebuyer and Commission
Builder and Developer
Parking entitlement
Homebuyer and Commission
The homebuyer said the project’s published price list promised one free open parking space to every buyer. The commission held that the builder had to honour that promise.
Builder and Developer
The builder denied the allegations. The developer argued that it had no contractual relationship with the complainant.
Availability of spaces
Homebuyer and Commission
The homebuyer alleged that the project had more parking spaces than apartments and that some buyers received multiple spaces, leaving him without his promised allotment.
Builder and Developer
The builder reportedly said that all available spaces had already been allotted to other buyers.
Responsibility for the promise
Homebuyer and Commission
The commission found the builder liable because it was identified as a co-developer in the project’s price list and was a party to the complaint.
Builder and Developer
The commission accepted the developer’s argument that its name did not appear in the relevant documents and dismissed the complaint against it.
Key facts
- Ruling body
- Gautam Buddh Nagar District Consumer Commission
- Consumer remedy
- One free open car parking space
- Deadline
- Within 30 days
- Litigation costs
- Rs 2,000
- Buyer’s allegation
- No parking space was provided despite repeated requests for more than two years
- Developer outcome
- Complaint dismissed because the developer was not named in the relevant contractual documents
- Consumer helpline numbers
- Uttar Pradesh: 1800-1800-300; National Consumer Helpline: 1915
Quotes
Anil Kumar Pundir
President of the Gautam Buddh Nagar District Consumer Commission
“Its (builder’s) failure to provide the contractually promised free open car parking space constitutes a clear deficiency of service, making the complaint liable to be allowed.”
indianexpress.com










