In a significant order protecting homebuyer rights, the Karnataka Real Estate Regulatory Authority (KRERA) has directed Kalyani Infrastructure to allot a new car parking slot to a flat owner at Aishani residential apartments near Ballalbagh in Mangaluru.
The direction was issued after the Authority found that the parking space originally allotted to the complainant did not meet the standard 160 square feet area mentioned in the registered sale deed.
Complaint Over Shortfall in Parking Area
The complaint was filed by Anwesh Kumar Shetty, a resident of Mondankapu in Bantwal taluk, who had purchased a flat in Aishani Apartments developed by Kalyani Infrastructure.
According to the complaint:
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The sale deed showed 14 car parking slots in the project.
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In reality, the builder had created 17 parking spaces.
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Each parking slot, as per the deed of declaration, was required to measure 160 sq ft.
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The slot allotted to Mr. Shetty (Parking No. 11) measured only 137.50 sq ft, making it inadequate for proper car parking.
The complainant alleged that the reduction in area occurred because the builder created additional parking slots beyond the declared number, thereby shrinking individual parking dimensions.
Allegations of Open Space Violation
Mr. Shetty further contended that as per submissions made by the builder to KRERA:
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The project land measured 23 cents.
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The builder was required to maintain 40% open space, amounting to approximately 9.2 cents.
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However, in reality, less than four cents of open space was available.
He also pointed out that the project, scheduled for completion on March 31, 2018, was actually completed only in October 2018, alleging delay in delivery.
Builder’s Response Before KRERA
After registration of the complaint:
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The builder appeared through legal counsel.
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However, no written objections or supporting documents were filed before the Authority.
During the hearing, the builder’s counsel submitted that the developer was willing to allot Parking Slot No. 203 to the complainant in order to resolve the dispute.
KRERA Full Bench Verdict
In its judgment dated January 29, 2026, the KRERA Full Bench comprising:
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Rakesh Singh, Chairman
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Gurijala Ravindranadha Reddy, Member
observed that the builder had agreed to allot Parking Slot No. 203, which conformed to the standard requirements and met the complainant’s needs.
The Authority directed the builder to:
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Allot the new parking slot within one month from receipt of the order.
This direction effectively resolved the primary grievance regarding the deficient parking area.
Claims for Open Space and Delay Rejected
While granting relief on the parking issue, KRERA rejected the complainant’s claims concerning:
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Alleged deficiency in open space
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Compensation for delay in project completion
The Authority held that these allegations lacked sufficient documentary evidence and substantiation, and therefore did not warrant further directions.
Significance of the Order
The ruling underscores that:
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Builders must strictly adhere to sale deed commitments, including parking dimensions.
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Deviations in common facilities such as parking can attract regulatory intervention.
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However, claims relating to structural or planning violations must be backed by strong documentary proof.
The order reinforces KRERA’s role in ensuring compliance with declared project specifications, while also highlighting the importance of substantiating broader allegations with credible evidence.
