1. your belief is absolutely correct
2. the builder is not permitted to sell car park spaces to flat buyers
3. though now after enactment of RERA, the builder can sell car park areas to flat buyers
4. but your building is governed by MOFA
5. under MOFA, the builder is not permitted to sell car park areas because they come under common areas which are to be conveyed to the society of flat buyers
6. those flat buyers who paid to the builder for the car park, did so at their own peril and risk
7. such members and even the society cannot as of right say that since those members have paid to the builder for allotting the car park, they now have an exclusive right over the car park space so allotted to them
8. the allotment made by the builder is in the first place illegal and no amount of payment made by flat buyers to the builder for allotting the car park, can legitimize such allotment
9. you are absolutely right in saying that the car park come under common areas and all society members have equal rights to park their vehicles in the same, regardless of who paid or did not pay
10. the above becomes all the more relevant when the number of units in your building is more than the number of car parks
11. the allotment thus made by the builder to the flat buyers who paid him, is thus not binding on those flat buyers who did not pay for the car parking
12. even if the society ratifies and confirms and adopts the allotment of the car park done by the builder, that will not legalise or overcome the restriction against sale of car park areas to flat buyers
13. the proper course for the society in your case would be to conduct and draw a lottery for allotment of car parking so that no member is deprived
14. another course would be to allot car parking on rotation basis at regular intervals of time since the number of society members is more than the number of car park areas
15. as this is a potential dispute between the society and its members, the legal remedy will be to approach the Co-operative Court and file a dispute case against the society