1) you have been merely allotted car parking slot 

2) society is at liberty to re allot  the parking slots , sell car parking slots 

3) original allottee cannot hold parking slot permanently 

1) as per SC judgment builder cannot sell car parking slots as it firms part of common areas for benefit of all members 

2) builder can only allot car parking slots 

3) the model bye laws contain provisions that society can allot car parking slots . If there is shortage of parking  slots it can be done by drawing of lots 

4) society can with prior approval of AGM /SGM sell the parking slots 

If you have written documents from builder that the parking space is alloted to you and taken consideration against that you can file complaint with Registrar of CHS regarding this issue.

1. See slit parking is common area as held by SC and it cannot be sold the society on rational basis can allot same and can time to time change such allotment society has such power. 

Yes the society in meeting and rationally allot all the parkings. 

See you have paid towards the parking allotment to the builder in case society reallots they have all the power to do that in AGM/SGM as per bye laws.

The owner who has paid for the stilt parking to builder can retain that permanently. The society can only do that rotational shifting for open car parking only

Parking spaces allotted by the builder cannot be dissolved by the society. 

The car parking is a part of the society's common area which cannot be sold. The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking or garages.

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.

So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity.

The society can do so.

However the question is that what was the society doing all these 12 years when the members have been using the car parking space as their own till now?

In any case the action by the society is not illegal.

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”

Dear Client 

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.

Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”