In a ruling with wide implications for apartment buyers across Mumbai, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has restrained a developer from altering car parking allotments after possession, holding that such unilateral changes amount to unfair practice under the real estate law. The order strengthens the regulatory framework around post-handover rights, an area that has long generated disputes in dense urban housing markets.
The case arose from a residential project in the western suburbs where a homebuyer challenged the reassignment of two parking spaces that had been purchased along with the flat. Records examined by the Authority showed that the buyer had paid separately for the parking, taken possession of both the apartment and the allotted spaces, and used them continuously for over a year without objection. The developer later attempted to substitute these spaces with different ones through a fresh allotment, citing internal rearrangements. MahaRERA rejected this approach, observing that once possession is granted and the housing society comes into existence, the promoter’s authority over parking allocation is severely limited. Any modification without the allottee’s consent, the regulator noted, undermines contractual certainty and violates the protections envisioned under the Real Estate (Regulation and Development) Act, 2016. Importantly, the Authority also dismissed arguments that the dispute should be diverted to private arbitration. It reaffirmed that RERA is a special welfare legislation designed to protect homebuyers and that statutory remedies cannot be bypassed through pre-existing contractual clauses. Legal observers say this aspect of the order reinforces regulatory oversight at a time when many buyers remain uncertain about their rights after possession.
On the merits, MahaRERA held that merely renumbering parking spaces does not extinguish a buyer’s vested rights, especially when the physical location of the parking remains unchanged. The regulator restrained the developer from creating any third-party interest in the disputed spaces and directed confirmation of the original allotment, along with costs awarded to the complainant.bUrban planners point out that parking disputes are not isolated incidents but symptoms of larger stresses in Mumbai’s built environment. With limited land, rising vehicle ownership, and premium pricing of parking slots, conflicts over common and exclusive areas have intensified. Clear regulatory enforcement, they argue, is essential to ensure transparency and prevent the monetisation of shared resources at the expense of residents. From a governance perspective, the ruling signals that post-possession alterations whether related to parking, common amenities, or layout changes will face close scrutiny. Consumer rights advocates say this clarity is critical for restoring confidence in apartment living, particularly in redevelopment-heavy neighbourhoods.
As Mumbai continues to densify, the decision underscores a broader principle: urban housing markets function best when buyer rights are predictable, enforceable, and insulated from unilateral commercial decisions. For regulators and city authorities alike, the focus now shifts to consistent enforcement to prevent similar disputes from arising in future projects.
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