Bought a flat but no promised parking? Greater Noida buyer wins 8-year legal battle, gets space

A Greater Noida homebuyer has finally secured the parking space he was promised, bringing an eight-year legal battle with his developer to an end. The District Consumer Disputes Redressal Commission (DCDRC) has once again ruled in favour of the flat owner, directing the developer to provide him with a free open car parking space within 30 days.

The case concerns Brijesh, who purchased a flat in Stellar MI Legacy Apartments and took possession of the property in 2016. According to a report by The Times of India, the project's brochure-cum-price list had assured every homebuyer of one free open car parking space. However, Brijesh said he was not allotted one even more than two years after taking possession.

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Developer said no parking space was available

Brijesh filed a consumer complaint on December 31, 2018, under Section 12 of the Consumer Protection Act, 1986, against MI Builders and Developers and Stellar Group. According to his complaint, the developers informed him on April 13, 2018, that all available parking spaces had already been allotted to other buyers and that none was available for him.

Brijesh also alleged that attempts were made to discourage him from pursuing legal action. In his submission to the consumer forum, he said, “In Sept 2018, a person representing the builder offered to allocate the parking space only if I was ready to withdraw an ongoing appeal before the electricity ombudsman in Lucknow.” He alleged that the dispute also involved an allegedly disconnected power connection and unauthorised charges.

Consumer Commission ruled in his favour

The DCDRC first ruled in Brijesh's favour on August 18, 2022, directing MI Builders to provide one free open parking space within 30 days and pay ₹2,000 as litigation costs. MI Builders challenged the decision before the State Consumer Disputes Redressal Commission. On April 4, 2025, the state commission remanded the matter to the district commission for a fresh hearing because the earlier order had been passed ex parte.

The developer was subsequently allowed to file its pleadings and evidence. However, according to TOI, it failed to do so.

DCDRC says developer failed to honour promise

In its latest ruling on August 12, 2026, DCDRC president Anil Kumar Pundir and member Anju Sharma held that MI Builders remained liable for failing to provide the promised parking facility.

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The commission cited earlier decisions of consumer commissions and observed that “consumer forums possess full jurisdiction to award compensatory and exemplary damages for mental agony and injury caused by the oppressive behaviour of service providers.”

The commission also distinguished between Stellar Group and Stellar Ventures Pvt Ltd, noting that the project documents identified Stellar Ventures as the developer and that Stellar Group was not a party responsible for the project. However, the commission found MI Builders liable as a co-developer. It ruled that the company's failure to provide the contractually promised free open parking amounted to a “clear deficiency of service” and allowed the complaint against it