association can take over car parking slots and allot parking slots to flat owners and collect parking charges 

2) allotment of parking slots has to be as per provisions of bye laws adopted by association 

3) buyers have to claim money from builder 

Yes they can reclaim their money if society decides that parking will be rented to member as per rotation basis. The society generally doesn't do it. They only take parking charges on monthly basis on the said parking space allotted by builder

Open parking cannot be sold. Builder is illegally collecting money for allotment of parking. Once association formed, common space shall vest to it.

Association can not charge rent. Parking facility is inclusive of purchase of flat. Buyers should initiate refund now from builder. Why wait for association to form.

1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased or Rented. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2. As per Bye-Laws, Parking should be allotted to members, using yearly "rotation policy". You can put the Association on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

3. IF Association fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the Flat Owner/member.

Hi

Yes you can claim the money paid.

Final advice on this can be give after going through the conditions mentioned in the agreements. 

Thanks 

1. When once Association is formed, it can take over the Car parking slots sold to buyers and manage them by conducting lottery system to avoid favouritism, nepotism, etc.

2. Buyers who have paid money for designated Car parking have to be allowed to continue the same slot and for other owners lottery system may be adopted.

3.  Such of the buyers who have paid money towards car parking subsequent to the Hon'ble Supreme Court judgement can claim their money back, provided such owners have an acknowledgement, for having paid money towards providing exclusive car parking.

-  As per law, the Builder has no right to sell any portion of the society , which is not ‘flat’ , and the entire land and building has to be conveyed to the association . So,the Builder has no right to sell parking spaces’ as these are neither ‘flat’ nor attachment to a ‘flat’.

- Hence, once the parking area already sold to the buyers, then it cannot be given on rent to the residents.

- The buyer should claim for the refund of the amount paid by them. 

RWA cannot take over the parking space and sell it. It doesn't have that power and authority.

Therefore file a complaint against this illegal act.

You cannot be doubly charged for something.

 If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell car parking spaces as individual real estate units.

The allotment is done after (SC Judgment) however before formation of society so the allotment made by the builder is Legal?

The supreme court guidelines in this regard is very clear.

The parking space cannot be sold hence the builder cannot charge you for allotment of the same.

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

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..

No, society cannot take possession of allotted parking of the residents but the left parking which has not been allotted by the Builder may be taken over by the resident welfare association and if it is authorised by the Annual General Meeting EGM of the members to rent it out it can do so to the residents only.  in case there is any ultra-vires done by society you can complaint to the competent authority and in case the competent authority to take appropriate action in this regard you can file a writ petition in this case in High Court

car parking spaces can be alloted by society and they cannot be purchased from builder. This is a settled provision by supreme court in panchali society matter. Despite of the said ruling many developers are selling car parking spaces to buyers which is not tenable in law.
Process of car parking allotment is , lottery system will be adopted by society for alloting parking spaces and allotment letters will be given to applicable members by society and parking charges that can be collected from the members will be decided by society's general body.
Solution to your query lies in filing consumer complaint against developer who sold parking space to you and get your amount paid towards parking space reimbursed from developer.

1. No RWA cannot take rent of Parking space from residents of society.

2. Yes buyers can file suit for recovery against builder which they paid for purchase of parking space.

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.

Till parking slot is reallotted to you by association you cannot park your car in another member car parking slot 

action can be taken against you for unauthorised parking 

You can obtain permission from RWA before parking your vehicle to avoid ego clashes with RWA in this regard.

No i don't think so unless a specific parking space has been allotted to each resident.

Parking space park open space these are the things that are provided to the residents without question.

1. NOBODY, except a statutory authority (police, RTO, Govt., authority) can enforce "clamping" of any vehicle, more specifically the RWA has absolutely no authority to clamp any vehicle inside its premises.  For this the RWA has to summon the Police /RTO with a request to tow away the hindrance causing vehicle.

NO.

No it can't clamp your Vehicle as it is against cooperative laws