After an eight-year legal battle, a homebuyer in Greater Noida has finally secured the free open car parking space he was promised by a developer. The District Consumer Disputes Redressal Commission (DCDRC) recently ruled in favor of Brijesh, directing MI Builders and Developers to provide the parking facility within 30 days.
The Long Road to Justice
Brijesh purchased a flat in the Stellar MI Legacy Apartments project in 2016. According to the project's brochure-cum-price list, every homebuyer was assured one complimentary open car parking space. However, despite taking possession of his property, Brijesh was not allotted the promised parking, even more than two years later.
On April 13, 2018, the developers informed Brijesh that all available parking spaces had already been assigned to other buyers. He also alleged that attempts were made to dissuade him from pursuing legal action, including an offer in September 2018 to allocate parking only if he withdrew an appeal before the electricity ombudsman.
Consumer Complaint and Rulings
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. The DCDRC initially ruled in his favor on August 18, 2022, ordering MI Builders to provide the parking space and pay ₹2,000 in litigation costs.
MI Builders challenged this decision, leading the State Consumer Disputes Redressal Commission to remand the matter for a fresh hearing on April 4, 2025, as the initial order was passed ex parte. Despite being given the opportunity to file its pleadings and evidence, the developer reportedly failed to do so.
Final Verdict: Deficiency of Service
In its latest ruling on August 12, 2026, the DCDRC, presided over by Anil Kumar Pundir and member Anju Sharma, reaffirmed MI Builders' liability. The commission found that the company's failure to provide the contractually promised free open parking amounted to a "clear deficiency of service."
The DCDRC distinguished Stellar Group from Stellar Ventures Pvt Ltd, identifying Stellar Ventures as the actual developer, but held MI Builders liable as a co-developer. This landmark decision brings an end to Brijesh's protracted legal struggle and underscores the consumer forum's power to award compensatory damages for oppressive behavior by service providers.