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

When Ms Candy and her family purchased a 3BHK flat from a builder in Konappana Agrahara, Begur, Bengaluru, for Rs 1.03 crore, one of the pros of the property was that the builder's brochure and terms promised two specially enabled parking spaces. But the builder failed to honour his promise.

To make matters worse, they signed the sale deed on August 6, 2024 and till date the landlord has not formed the apartment association. Meanwhile, the builder is charging very high maintenance fees from all residents without providing any proper justification or audited accounts.

Fed up with the situation, Ms Candy decided to take legal action against the builder and filed a RERA complaint at the Karnataka Real Estate Tribunal (K-RERA) in Bangalore.


Chairman Rakesh Singh and Member G.R. Reddy of Karnataka RERA tribunal severely criticised the builder for playing with homebuyers’ dreams and ruled in Ms Candy’s favour on September 7, 2026.

Why the homebuyer won the case

Subrata Mukherjee, Partner, SNG & Partners, Advocates & Solicitors, said to ET Wealth Online: The homebuyer succeeded because Karnataka-RERA found that the builder was bound to provide separate car parking for a physically challenged person, having regard to the specific regulatory conditions applicable to the project and the evidence placed before the Authority.

1. The Sale Deed provided the contractual context

The Sale Deed was important in establishing that the homebuyers were purchasers of the apartment with two-car parking spots. However, the order does not state that the Sale Deed itself contained a specific contractual promise to provide a separate disabled parking space. The finding on separate parking was principally based on the Environmental Clearance requirement, read with the homebuyers' communication to the builder regarding the disability.

Another important factor was the project's Environmental Clearance

The homebuyers' had purchased an apartment under a Sale Deed dated August 6, 2024, for a total consideration of Rs 1,03,28,979. The Karnataka RERA order records that the apartment was purchased with provisions for two-car parking. The homebuyers' grievance was that the builder had not provided a separate parking facility for the physically challenged complainant.

Karnataka-RERA examined the project's Environmental Clearance certificate dated May 6, 2015, in particular, Clause 32 which contemplates facilities such as ramps and separate parking have to be provided for the benefit of physically challenged persons. On this basis, the Karnataka RERA Authority held that the builder was bound to provide separate car parking for a physically challenged persons.

The builder had been put on notice

The homebuyer had communicated with the builder regarding the requirement for a separate parking space after informing it that one of the homebuyers was physically challenged. The Karnataka RERA Authority recorded the correspondence and noted that the builder had indicated that it would examine the request. Karnataka-RERA therefore considered the project-specific Environmental Clearance requirement together with the correspondence and held that the builder was required to provide the facility.

Mukherjee says that the homebuyers won the case because of the decisive consideration with respect to parking was the combined effect of the contractual obligations in the Sale Deed and the conditions stipulated in the Environmental Clearance, coupled with the homebuyers’ disclosure of their disability and request for earmarking a separate parking space, and the builder’s response that it would examine the homebuyers’ request.

Karnataka RERA discussion

Karnataka government environment clearance shows special parking in site plan

On December 7, 2023, the builder had sent an email to Ms Candy assuring that she would be given the specially enabled parking space. However, it was not given by the builder. So Ms Candy sent an email to the builder pointing out that as per the guidelines, the builder has to provide specially enabled parking space.

The guideline Ms Candy referred to was the environmental clearance from the state of Karnataka. Clause 32 of this guideline says that facilities like ramps and separate parking shall be provided for the physically challenged.

When the Karnataka RERA tribunal read this, they said it was clear from the guidelines that the builder had to provide facilities like ramps and separate parking spaces for the physically challenged persons.

The Karnataka RERA said: “Hence, viewed from any angle, the respondent (builder) is bound to provide separate car parking for physically challenged.”

Thus on this ground, the Karnataka RERA tribunal ordered the builder to give parking spaces for specially enabled persons in this housing project within 60 days from the date of this order.

Builder has to form an association of homebuyers

The Karnataka RERA said that the builder has to form an association of allottees in accordance with law after completion of the project in all aspects and procuring occupancy certificate/completion certificate.

After formation of such an association, the builder has to execute the deed of declaration along with audit accounts and details of maintenance charges

On this ground, the Karnataka RERA tribunal ordered the builder to provide audited accounts and revised maintenance charges during the execution of the Deed of Declaration after completion of the project in all aspects, procuring Occupancy Certificate/Completion Certificate and formation of an Association of Allottees as per law for time being in force.

This is how Ms Candy won the case in Karnataka RERA on September 7, 2026.