1) what is evidence yopu paid builder for stilt car parking slot

2) do yuou have any receipt for payment made by you

3)stilt car parking slot forms part of common areas for benfit of all mmebers and builder cnanot sell the slots

4) issue legal notice to builder that although payment was made no parking slot allotted to you

5) seek refund of money paid by you with interest

6) allotment letter issued by builder does not make the members owners of the car parking slots

7) if there is shortgae of parking slots association should allot solts by drawing of lots

8) check the byue laws adopted by association . there must be provisions for car prking slots

1. Since the building plan is sanctioned on behalf of the builder it is h9s duty to allocate the premsies and car parking space as per the agreement with various purchasers.

2.Yes, the allottment letter issued by builder is to be the valid allottment unless he makes allottment of same space for several persons.

3. Once bilder sell the something the association can not question it anymore provided the sale was legal and valid.

4.No

5. Negotiate and try to settle this amicably. legal intervention is advised at this stage.

1. The Builder can neither sell nor allot open or stilt parking spaces

2. Judgment of the Hon'ble Bombay High Court and the Hon'ble Supreme Court of India that builders can not sell stilt or open parking spaces.

The legal observations are as under:

“ It is pertinent to note that parking spaces are mentioned in clause 22 of the Maharashtra Ownership Flats Act along with words open space, lobbies and staircase giving clear indication that these spaces are also common amenities.

This also indicates that car park spaces do not have independent status. Clause numbers 22 and 23 could not have given the promoter/ developer right to deal with the open spaces, car park spaces lobbies and staircase. Such property would remain the property of the promoter/ developer, but he would keep the property as trustee and convey the same at the earliest to an association formed by the purchaser of flats.

This is legal obligation of the promoter/developer under section 11 of the Maharashtra Ownership Flats Act."

3. The Society when formed can legally refuse to accept the allotments made by the builder and ask the buyers of the parking space to vacate. This is being done by several Societies in Mumbai already.

4. In Chennai some builders fix the price of per sq.ft cost flat that includes per sq.ft of one parking slot. The construction agreement or sale deed for UDS do not speak of parking slot. But as per CMDA rules they make provision for car parking space enough to all flats and 10%for visitors. Once the builder hands over the site to association the association divide parking space and allot to owners No extra charge is collected by the association.

5. The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation.

The Supreme Court ruling means that the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation (such as the 'housing society').

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots

If your society is not keen to solve your problem, you may issue legal notice to society and can even drag it to cooperative court or consumer court for getting your grievances redressed.