Builder promises 160 sqft parking space to buyer, gives only 137.50 sqft

The Karnataka Real Estate Regulatory Authority (KRERA) has directed Kalyani Infrastructure to allot a new parking slot to an occupant of Aishani residential apartments, situated near Ballalbagh in Mangaluru, to meet the standard car parking area of 160 square foot mentioned in the sale deed.

In the complaint to the Authority, Anwesh Kumar Shetty, a resident of Mondankapu in Bantwal taluk, stated that he purchased a flat in Aishani apartments, which was developed by Kalyani Infrastructure. As per the sale deed, the builder showed 14 car parking slots in the project. In reality, the builder had created 17 car parking spaces.

As per the deed of declaration, each car parking space was required to have standard area of 160 square foot. But, the car parking space (no. 11) allotted to the complainant measured only 137.50 square foot, which was inadequate to park a car. The reduction in the car parking space was due to the builder creating additional parking spaces beyond what was declared in the sale deed.

As per the details submitted by the builder to RERA, the project was required to maintain 40% open space. The total project land measured 23 cents. Therefore, the builder ought to have left approximately 9.2 cents as open space. However, in reality, not even four cents of open space is available.

The project was scheduled for completion on March 31, 2018, but was actually completed in October 2018, Mr. Shetty stated in the complaint.

After registration of the complaint, the respondent (builder) appeared through his advocate, but failed to file objections to the complaint or any documents before the KRERA.

During the hearing, counsel for the builder claimed that the builder intended to allot parking slot No. 203 to Mr. Shetty.

In the judgment dated January 29, 2026, the KRERA full bench comprising of Chairman Rakesh Singh and Member Gurijala Ravindranadha Reddy stated that the builder had agreed to allot parking slot No. 203, which conforms to the needs of Mr. Shetty, and thus resolved the latter’s grievance. The builder was directed to allot the new parking slot within one month from the date of receipt of the order.

The KRERA full bench, however, rejected Mr. Shetty’s claims for additional open space and compensation for delay in construction on the ground that they lacked sufficient evidence and substantiation.