Case Law Details

Case Name : Sanjeev Dhakar Vs. M/s. Arkade Realty (Maharera Mumbai)
Appeal Number : Complaint No. 1135
Date of Judgement/Order : 13/12/2017
Related Assessment Year :
Courts : RERA (3)

COMPLAINT NO: 00006000000001135

Sanjeev Dhakar Versus M/s. Arkade Realty

MahaRERA Registration No. P51700004429


Shri Gautam Chatterjee, Hon’ble Chairperson


13th December 2017

The complainant appeared in person.

Ms. Smita Sawant, Adv for the respondent

1. The complainant, who is a resident in a completed building in the above registered project, has filed this complaint seeking directions of MahaRERA to the respondent to allow him to park his vehicle inside the compound wall of the building. The Complainant has further alleged that the Respondent is selling open car parking by collecting in cash without any documentation.

2. This matter was heard on 4th December 2017. During the hearing, the complainant has reiterated his contentions and prayed for direction to the Respondent to give in writing that his vehicle will be allowed to be parked in the above mentioned building.

3. The representative of the Respondent denied that the Respondent is selling open car parking, in violation of the provisions of the Act. He has also agreed that he will allow the complainant to use the parking space in the premises.

4. On the facts mentioned above, we direct the Respondent to allow parking of Complainant’s vehicle in the premises, as is being done for other allottees. As per the Act, Rules and Regulations, the respondent cannot sell open parking space, which has to be handed over to the legal entity of the allottees when it is formed.

With these directions, the complaint stands disposed of.

(Gautam Chatterjee)

Chairperson, MahaRERA

Download Judgment/Order

More Under Corporate Law


  1. Kothari suresh says:

    I had purches 1bhk flat in tanish orchid char holi pcmc area on Feb 2018 this is ready position but builder parking selling 2 lakh cover parking and 1 lakh open parking with cash kya re
    ra me ye mention nhi hai ki parking per flat compulsary hai?

  2. Brijesh Ojha says:

    My parking space was used by the builder to construct the Society room . He has issued the allotment letter . and nOw he is providing a samller parking space and not compensating , what is the dimension of a parking space defined in the RERA

  3. Rana Basu says:

    Sir, I have a question. I am a resident of West Bengal. Is RERA applicable in our State and has it been implemented by the West Bengal Government through a Gazette notification??

Leave a Comment

Your email address will not be published. Required fields are marked *