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. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the builder person, supported with all relevant supporting Documents, Evidences & Witnesses.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

File complaint against builder before consumer forum and seek orders to direct builder to refund money charged for covered parking slot as he has not allotted you covered parking slot 

In a private real estate sector there is no law on parking space allotment except that everyone who is applying for it would have to be granted with such.

Now allotment of parking space can be done through the draw of lots or through the policy of the builder in keeping the best interest of the flat owners.

Now if the builder takes money for parking space the  it is bound to allot the same in default of which the owners is entitled to full refund add damages through consumer forum. 

If builder has not mentioned it as covered parking allotment you have no case if you go to court 

Builder can not charge same price for both open and covered parking space.  

1. Simply put, Parking spaces of any kind CANNOT be Sold /Purchased.

2. You have an option of filing a Grievance Petition before the local Consumer Court, against the builder, for his illegal trade practices, negligence, deficiency, harassment etc.... with supporting documentary evidences and claim damages & compensation for the financial losses and for the mental & physical trauma being caused to you.

In recent times, developers and builders charge anywhere in between Rs. 2 lakhs to Rs. 15 lakhs for dedicated parking spots, which at times are more than the value of the vehicle itself. 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.

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.”

Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.

You can take legal action against the builder and demand refund of the amount taken by him citing the supreme court judgment in this connection 

The builder is obliged to provide a parking space whether open or stilt or covered parking space. 

You can drag the builder to consumer forum if you are aggrieved by his acts which are not solving the issue.

Hi,it is advisable to file a complaint under RERA for seeking relief ..As per section 11 of RERA builder has to abide by the conditions of the agreement 

 - As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area.

- Further, as the sale of parking slot is illegal , hence the purchase of the same is also invalid.

- As per rule , there shall be one parking per flat , and further the parking should be permitted in areas specifically meant for that purpose and not in the other common areas.

- Further , due to evading the restrictions , the builder generally adopted different way and now used to add parking charge with the property cost , and that is the reason , it is mentioned in the agreement that parking as allotted by the builder, so that you cannot challenge the same in the name of parking charge. 

- Since, the builder has already charge for parking from you , then the builder is bond to provide parking space , otherwise you can take refund from him .

- If he reuse to allot you parking space separately , then you can lodge your complaint before the consumer court on the ground of deficiency of services. 

Send him a legal notice and than file a specific performance suit 

He needs to mention the same in agreement. Otherwise you can claim the money if he is not alloting parking to you. You can approach consumer court

Is there any document which can prove that you are being charged much for a coveredarking and the same is not reflected in the agreement as also you did not get the same, then file a complaint with the consumer forum .

1. Every association is free to devise its own procedure. The only requirement is that it should be fair and transparent.

2. If builder has not delivered the parking lots to people who have purchased it from him then then can sue him in Consumer Forum for the delivery of parking lots and also compensation for mental agony.

3. If it is not mentioned whether parking has to be open or cover then he can allot any parking.

Reply to first post:

You need to issue notice to Builder.

If he fails to respond, you have to file case before Consumer Forum seeking direction from Forum to direct Builder to refund excess money charged for covered parking but allotted open parking.

Reply to your second post:

The Terms & Conditions of Agreement are unimpeachable, if the specification as to whether parking slot is "Covered / Open, then the Builder can take shelter under open parking.

You may not succeed if you go to court on the basis of Agreement.

Better get it sorted out amicably.

NO amount can be charge for open parking. Only covered parking/garage can be sold. Send legal notice for refund of amount charged for parking.

you can take action against the builder under the  Real Estate (Regulation and Development) ACT, 2016.

I would advice you definitely and  recommend you solutions as follows. 

First of all Builder and developers are barred to charge parking allotments charges separately from flat buyer in a Apartment. 

If Builder has done it then it is illegal. 

Please issue a legal notice to the Builder and developer for proper allotment of parking slot as per the law citing details of your agreement for purchase of flat in the apartment constructed by the Builder .

If not file suit  for claim of your parking rights and compensation for breach of agreement before Civil Court in your State.

You would definitely succeed in this matter.

Best regards. 

All the Best.

1. First of all builder cannot sell any type of Parking to anyone as it is common area of apartment and cannot be sold to any person.

2. Only society have right to allot the parking space after its formation and all sales done by builder is null and void. 

3. Residents who purchased the parking spaces can file case against builder for illegal sale of parking space and recovery of money paid for purchase of parking space.

4. Case can be filed before RERA or consumer forum.

This complete harassment and comes under fraud and deficiency in services. File a consumer complaint in the district consumer forum against him. The parking charges has been taken and a specific plot should have been allotted to you.

This has to be specified in the agreement. If ot was not then everyone should get the same. He cannot discriminate afterwards and allot the  parking spaces arbitrarily.