1. the actions on the part of the Developer is certainly not as per the spirit of the Development Agreement, if any. if there is no Joint Development Agreement then you will be in problem to get relief.
2. In either case if the developer is trying to cheat you or your rights in your allotment of fats which is most likely then file a case before the consumer forum seeking remedies which you are getting deprived of.
3. To keep pressure on the developer you should seek injunction on the developer so he is estopped from selling his allotted flats.
4. In the consumer forum case you can claim the costs which you are entitled to get form the developer.
5 So do not wait any longer and file the case as advised above.
Good luck.