Homebuyer Pays Rs 1.03 Crore for a 3BHK Flat With Specially Enabled Parking; Builder Fails to Deliver, Karnataka RERA Rules in Buyer’s Favour

Homebuyer Paid ₹1.03 Crore for 3BHK Flat

A homebuyer, identified in the Karnataka RERA proceedings as Ms Candy, purchased a 3BHK apartment in Konappana Agrahara, Begur, Bengaluru, for a total consideration of ₹1,03,28,979.

The sale deed was executed on August 6, 2024. The apartment was purchased with provisions for two-car parking spaces. However, a dispute arose over the failure to provide a separate parking facility for a physically challenged member of the family.

Builder Had Promised Specially Enabled Parking

The buyer said the project's brochure and related terms indicated that specially enabled parking facilities would be provided.

More importantly, the buyer informed the builder that one of the homebuyers was physically challenged and requested a separate parking space suitable for that requirement.

The builder had also sent an email on December 7, 2023, assuring the buyer that the specially enabled parking space would be provided. However, the facility was allegedly not provided.

Environmental Clearance Became a Key Factor

One of the most important aspects of the case was the project's Environmental Clearance dated May 6, 2015.

Karnataka RERA examined Clause 32 of the clearance, which contemplated facilities such as ramps and separate parking for the benefit of physically challenged persons.

The Authority concluded that this project-specific requirement supported the buyer's claim that a separate parking facility had to be provided.

Buyer Had Informed the Builder About the Disability

The buyer's correspondence with the builder played an important role in the proceedings.

After informing the builder about the disability and requesting a specially enabled parking space, the buyer received a response indicating that the request would be examined.

Karnataka RERA considered the Environmental Clearance together with this correspondence and the contractual context of the apartment purchase while deciding the dispute.

Why Did Karnataka RERA Rule in the Buyer's Favour?

According to the legal expert quoted by ET Wealth Online, the decisive factor was the combined effect of the project's regulatory requirements, the sale documentation, the buyer's disclosure of the disability and the builder's response to the request.

The tribunal found that the Environmental Clearance specifically contemplated separate parking facilities for physically challenged persons. Since the buyer had also informed the builder of the requirement, the Authority held that the builder was bound to provide the facility.

What Was the Dispute Over the Sale Deed?

The sale deed established the purchase of the apartment along with two-car parking provisions.

However, the Karnataka RERA order did not treat the sale deed alone as containing a specific contractual promise for a separate disabled parking space. Instead, the finding regarding specially enabled parking was principally connected to the Environmental Clearance requirement, read together with the buyer's communication to the builder.

This distinction was important to the tribunal's reasoning.

Homebuyer Also Raised Maintenance Concerns

The parking dispute was not the only grievance raised by the buyer.

The buyer also complained that the builder had not formed the apartment association even after the sale deed was executed. She further alleged that the builder was charging high maintenance fees from residents without providing proper justification or audited accounts.

These concerns formed part of the broader complaint filed against the builder before Karnataka RERA.

Karnataka RERA Order

The Karnataka RERA Authority, comprising Chairman Rakesh Singh and Member G.R. Reddy, ruled in favour of the homebuyer on September 7, 2026.

The Authority found that the project-specific Environmental Clearance requirements supported the demand for a separate parking facility for a physically challenged person and that the builder had been put on notice about the requirement.

What Homebuyers Can Learn From the Case

The case highlights why homebuyers should carefully preserve documents related to promises made by a developer.

Important documents can include:

• Sale agreements and sale deeds

• Builder brochures and specifications

• Environmental or other statutory clearances

• Emails and written communication with the builder

• Payment records

• Parking allotment documents

• Documents relating to special accessibility requirements

In this case, the correspondence with the builder and the project's Environmental Clearance were particularly relevant to establishing the buyer's claim.

Key Takeaways

• The homebuyer paid ₹1.03 crore for a 3BHK apartment in Bengaluru.

• The property included provisions for two-car parking.

• The buyer sought a separate specially enabled parking facility because a family member was physically challenged.

• The builder had communicated that the request would be examined and had earlier assured the buyer that the facility would be provided.

• Karnataka RERA examined the project's 2015 Environmental Clearance.

• Clause 32 contemplated facilities including ramps and separate parking for physically challenged persons.

• The Authority ruled in the homebuyer's favour on September 7, 2026.

• The case shows the importance of retaining contractual documents, regulatory approvals and written communication with builders.