1) you would not have any right to park your car in another society

2) society will cancel your allotment of car parking slot and allot same to any member of society

3) builder has no powers to sell the car parking slots

1) approach builder and seek refund of money paid by you

2) ask builder to allot the car parking slot to member of the society where car parking slot is located

There was judgment of Bombay high court before 2010 that parking slots form part of common areas and builder cannot sell car parking slots

As per new law what are consequences ? The society is in process of obtaining conveyance from builderand hence this issue of parking alloted to non members,which I am. please comment.

The Supreme Court, in 2010, had ruled builders cannot sell car parking space, as these are common areas and facilities, and not independent units, though your builder seem to have found a way around it.

Moreover you have stated that you have purchased the parking space in another society, you are a non-member to that 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.

Will it be builders responsibility to return the amount and addition to the purchaser of the parking?

The builder will not return the amount.

It will be the problem of the purchaser/buyer to seek refund or return of the amount charged for parking space when there is no parking space at all.

This agreement & purchase of the parking was made in 2010, am I being cheated?

The supreme court ruling making the sale of parking space as illegal came in the year 2010, hence the builder has hurriedly sold the same even before the law came into effect, however you can take him into task for this and seek refund or ask him to allot parking space as per your entitlement.

A builder has to provide a certain number of parking spaces basis the number of units of houses. Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

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 there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members. Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members

At present your purchase for car parking area in another society is not legally valid. You can claim your amount from builder.