Builder cannot sell open car parking slot 

2) if builder refuses to permit car parking then file complaint against builder before consumer forum and seek orders to direct builder to permit you to park car in complex 

- 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, 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

- Hence, the builder having no right to allot or sell the parking to any purchaser , and if he sell then after forming the society, it will not valid .

- If builder creating trouble , then you can file a compliant before the consumer forum against him. 

You can write to builder to allot you parking slot 

Engage a lawyer for  drafting and filing complaint against builder before consumer forum 

You can send a legal notice to them and file a consumer complaint for deficiency in service. 

Dear Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

The society cannot refuse to permit you to park your car in the parking space, if it is available.

They can charge the parking fee as per the bylaws of the association but cannot refuse to allow you to park your vehicle if you are a member of the association or at least the tenant of the member/owner of the flat. 

Technically, all the members of your Society have already paid an amount towards “common spaces and facilities” including parking spaces while purchasing their respective flats and, therefore, making the members pay a deposit to use or access the parking spaces of your Society is not only unfair but absurd as well.

You can issue a legal notice to the association demanding their authority or the governing law by which they refuse to allow you to park your car in the available parking space of the association.

The builder would have charged extra for the parking space but it is illegal and unlawful, therefore you can fight it out on that grounds, besides the association is not the builder to step into the shoes of builder to sell  the  parking space. 

A straightforward solution to such an issue would be to take up the matter in the Annual General Meeting and regulate the parking facility of your Society by implementing a fair policy and setting up rules to ensure that every member gets the opportunity to enjoy the amenities which he/she has paid for.

As per the law, once the building is converted into a housing society, the entire premises of all the common areas and therefore, purchase of parking spots from the builder becomes illegal, null and void.

Law states that the builder has to provide certain number of parking places in the ratio to the number of flats in the building. However, the builder is not allowed to sell parking spaces outside the FSI consumed as per the decision of Bombay High Court, which has been confirmed by the Supreme Court.

• Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.

Therefore you can wait for the association to allot you the parking space, failing which you can approach an advocate in the local and first issue a legal notice to the association demanding to allot  parking space in the apartment complex as per laws and bylaws.

If you don't get a proper response you can drag the association to the consumer forum for relief and remedy.

Dear Client,

                 To register a complaint with NCH you can call on 14404 (all days except national holidays – from 9.30 am to 5.30 pm). Besides, there is the option to file complaints online either on NCH website or app is also available.Procedure to file a case in Consumer court are-Intimation via Notiice, Get the Consumer Complaint Drafted, Attach Relevant Documents, Appropriate Forum, Pay Requisite Court Fees and Submit an Affidavit.For cases involving up to Rs 5 lakh the case fee is Rs 200, for case up to Rs 10 lakh the court fee is Rs 400 and for those up to Rs 20 lakh the case fee is Rs 500. The demand draft should be made out to the President, Consumer Disputes Redressal Forum, (name of) district.

Thanks & Regards