Presently understand rera Act only garage can be sold. Garage refers to parking which is closed by 3 sides and roof. Other than that no parking can be sold by builder as it is common areas. If builder takes money it can be refunded if complaint filed by buyer. Society is duty bound to allot parking spaces to members. If parking spaces are less then the same will be allotted as per rotational manner by society

The Maharashtra State Consumer Disputes Redressal Commission  held that a builderhas no right to sell stilt parking or open parking, both of which are part of com-mon amenities. The commission ruled that only the housing society's general body could make the allotment of space to flat occupiers

2) 

Builder cannot sell stilt and open car parking slots but can allot car parking slots

2) society is st Liberty to change the allotment of parking slots

3) as per provision in bye laws society can allot slots by drawing of lots

You cannot store window grill in parking slot 

I can understand your predicament but you need to tone down a bit and be a little mellow while posting your grievance to lawyer for legal consultation

prior to enforcement of the real estate regulation act or RERA, the stilt car park spaces were not permitted to be sold by the builders since the stilt parking came within the common areas of the society which the builder had to convey to the society while executing conveyance deed for the land and building

despite such a restriction, dishonest builders would continue to sell stilt car park spaces.

the builders are not to be blamed alone. The buyers also did not exercise any due diligence before paying money to the builders for buying stilt car park spaces

the law was very clear that stilt parking come under the common areas of the society and thus cannot be sold. Despite that if greedy buyers would buy car park spaces from builders then they have no right to cry foul later

many builders would do a separate agreement for selling car park spaces and would not mention it in the main sale deed document. These agreements would not even be registered in many cases. That itself should have arisen suspicion in the minds of the buyers. But they would just brush aside that and proceed to buy the car park in the hope that the car park space so sold to them would become their exclusive property, despite the law saying that car park spaces come under common areas of the society. Many builders would also not even accept cheques but hard cash for the car park. If that is the case, then who is to be blamed? the builder or the buyer? the builder was doing his business. It was for the buyers to exercise precaution and spend some money on getting some quality legal advise from a competent lawyer rather than paying money to the builder and complaining later!!!

the law was also made clear by the Supreme Court in its judgment of Nahalchand Laloochand. Despite the law being there on the statue book [maharashtra ownership of flats act or MOFA - check that] and despite the Apex Court clarifying the law, people continued to buy car park spaces from builder due to people's greed

the buyers then have no right to complain if they commit a stupid act when everything was so clear

in some cases the society when formed would accept the allotment of car parking made by builders [which is fine for the members who paid] and in some cases the societies would exercise their right of claiming the common areas and would not accept the builder's allotment [which would give a reason to complain by those ignorant flat buyers who without applying their mind and without seeking proper legal advice, had paid money to builders for the car parks]

then came the Real Estate Regulation Act or RERA which expressly permitted selling of stilt car parks to flat buyers and that factum is also required to be mentioned in the main sale agreement with the purchase price for car park to mentioned separately from the purchase price of the flat. The legislature introduced this because of the issues faced by several citizens due to illegal selling of car parks by builders

however RERA still restricts the builders against selling open car park spaces which continue to come within the common areas of the society which only the society can deal with. If buyers buy such open car park spaces then they have no right to complain since the law is very clear

so your grievance is completely unfounded. If you commit a mistake you cannot blame the government or the courts! Law has given you the right and the law is also very clear on the point. 

First of all it is good to know that parking is not sold and registered by the builder but allotted by the builder and forms part of the sales deed.

The parking allotted to the apartment is ment for the parking of the vehicle only and any other use of parking is not permitted.

The RWA if authorised by the members in AGM may impose penalty for different use.

The 'Apartment Act' in most States specifies that car parking forms a part of the society's common areas and hence, they are not a part of the FSI (Floor Space Index) allocated to the developer. However, if a developer proves that they have used the FSI allotted to them to construct the parking, they can sell it.

According to Regulation 36 of the Development Control Regulations (1991) for Greater Bombay, during the construction or redevelopment of a property, the developer or builder has to provide parking spaces in accordance with the guidelines stated under the Development Control Regulations (DCR). Before commencing the construction/redevelopment of a project, the builder needs to obtain the development permission and a Commencement Certificate (CC) by submitting the building plan to the concerned authority. The plan must include the details of the parking spaces provided as per the DCR, failing which the builder may not get the clearance to construct the property.

When a housing society is registered, it automatically becomes the holder of all the areas of the society along with the parking spots. Since most of the housing societies have a limited number of parking lots, the managing committee/RWA, in consultation with other members of the society decides the basis of the distribution. Some societies follow the first come, first serve rule and perform reshuffling of parking spots on a quarterly basis. On the other hand, residents of some housing complexes claim ownership of the parking spot.

As per Section 84 of the Maharashtra Ownership Flats Act (MOFA), each and every member of the housing complex who has been allotted a stilt or any other parking space is required to pay parking charges as decided by the General body/RWA of the society at its meeting, irrespective of whether he/she actually uses it or not.

Therefore the law is very clear about it, however the affected persons can take up this matter through court of law against the violators of the law.

How you take up this issue would depend on you.

Alteration to the allotted parking may cause inconvenience to  other owners/members, which may not be allowed by society.

You can obtain permission from the society for this and if permitted  you can proceed.

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. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

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

3. IF Society 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 CHS member. VISIT:

It`s only dadagiri and violating law enunciate by SC - parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area.

Against favoritism/arbitrariness, can complain to registrar or direction from cooperative court. 

Parking space cannot put use for any other purpose and preferable to store life threat products. 

 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, then the managing committee decides the basis of the distribution in consultation with the members.

You can't install any grill or gate without society permission in your parking slot.

1. Builder cannot sold any type of Parking whether it is stilt or open parking and these is held in various judgements of supreme court that Builder have no right to sell common area of building.

2. Society can alot parking by first come first serve basis or by way of draw as decided in the AGM of society.

3. You cannot store anything except vehicle in Parking area.