Car parking falls under the definition of 'common areas' meant for the use and enjoyment of all the residents in an apartment complex, and cannot be claimed as an exclusive right. No builder can legally sell any car parking slot. You need to sort out the issue amicably with your residents' association.

How many flats are there in society and how many parking slots ?

2) file RTI application with BMC and obtain copy of parking plans 

3) if there are less slots and more members then parking has to be done by drawing of lots as per bye laws adopted by society 

4) file complaint against builder before consumer forum and seek orders to direct society to allot you parking slot

- 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, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the developer, and can get refund from the builder legally. 

- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.

- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members. 

- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members

- Further, parking spaces are common spaces which belong to the housing society, and allotment of the same is at their discretion, and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

- Hence, if society not allowed to park , then you can lodge a compliant before the Registrar , and further you can file a compliant against the builder for the refund the amount dully paid by you. 

Builder sold a nonexistent parking space to you. Your purchase is not valid therefore it cannot be enforced against society. You are cheated by builder, you cannot claim anything from society. The allotment letter by builder is not effective. You need to purchase parking that to if available. Advice may not be to your liking but that is the law.

1. File and obtain Stay Order from local Civil Court.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Firstly the builder cannot sell parking space, if has done it then it is illegal and not maintainable in law. 

However since you have an allotment letter given by the builder allotting you the parking space,  the society cannot snatch it from you for any reason. 

If they insist on vacating the space,  you can refuse and ask them to proceed legally as per law which can be challenged properly. 

If they still harass without initiating legal action,  you may resort to legal action as per procedures of law. 

First you can seek refund from builder selling the parking to you as the same is illegal except sold under Rera. Society needs to provide you alternate parking for the same and if not provided approach dy registrar Or consumer court against them

Ignorance of law is no excuse 

It is settled law that a builder is not allowed to sell open to sky parking spaces 

I assume yours is an open to sky parking

Such areas fall under the common areas which ultimately are conveyed to the society 

So before putting your money in this parking space you ought to have exercised some legal due diligence 

The builder would obviously want to make the most of his investments which  is what he did in your case by selling the open to sky car parking which is illegal 

Just because you paid money does not justify your ignorance 

Nobody promoted you to pay the money to the builder 

You yourself paid it 

Now If a portion of the parking area is required by the society then you cannot object to that 

You yourself have stated that the parking is not shown in the approved building plans

Ideally you should have checked the building plans before paying your money to the builder 

It will be a futile exercise if you cry foul now 

Your take that if your parking allotment is being cancelled then all other purchasers allotments must also be cancelled is highly unreasonable 

That is for the society to do 

You are yourself on the wrong side of the law and therefore you cannot expect equities to turn in your favour 

Please check the total number of flats and car park spaces in your society...see if rotational parking is possible . .make a suggestion for that to the society