Builder cannot sell open or stilt car parking slots 

approach consumer forum against society refusal to allot you parking spot 

1. Since Car parking space comes within the common areas, it can't be sold separately to individual flat owners.

2.  The car parking area comes to the flat owner along with the common areas.

3.  The Hon'ble Supreme Court has also opined that car parking can't be sold separately.

4.  Please approach K RERA and if the problem still persists, approach Consumer Court.

You can typically claim a parking place in the apartment association after purchasing a flat, especially if the parking space was included in the purchase price or mentioned in the sale agreement. 

If parking spaces were sold separately by the developer, the Supreme Court has ruled that these are common areas and cannot be sold independently. In such cases, you may be entitled to a refund. 

However, if the society has a lottery system or other method for managing parking, you may need to follow the society's rules. 

If you purchased a flat and the sale agreement includes parking, you generally have the right to use that parking space. 

You may verify from your registered sale deed about this and then plan to fight for it legally.

If the society's rules do not accommodate your specific needs, you may need to negotiate with the association or consider legal options.

Parking being common area, cannot be sold by builder or society. Issue a lawyer's notice to society seeking allotment of parking within a month’s time warning of legal action. Thereafter, you file consumer complaint  in District Consumer Commission under Consumer Protection Act, 2019. You will get parking slot with costs of complaint, lawyer’s fee and compensation for mental harassment.  If the  agreement mentions provision of parking, you can approach RERA. But proceedings under Consumer Protection Act, 2019 are faster and District Consumer Commission has power to enforce its orders by seeking arrest of respondent.

No flat owner can claim any exclusive car parking rights in an open area or under the stilt floor in a multi-storey apartment complex, as these fall under 'common areas' meant for the use and enjoyment of all residents. As such, no builder can legally sell such car parking slots exclusively to anyone. You may lodge a complaint with the State RERA authority or approach the consumer forum in consultation with a competent lawyer.

 As per RERA guidelines, stilt parking spaces cannot be sold separately from the property. They fall under the common areas shared by all property owners in the building. According to the Supreme Court, stilt parking areas cannot be sold to individual flat owners. The court has ruled that stilt parking spaces, along with open parking areas, are considered common areas and are part of the "common areas and facilities" included in the sale price of a flat. This means that residents have the right to use these parking spaces without paying additional charges. 

You can send a legal notice concerned builder and the society in charge i.e. the President/Chairman. A legal notice is a formal communication to a person or entity informing them that you intend to undertake legal proceedings against him/her. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against him/her, if they fail to comply with some specified condition. The most common cases where I have engaged with my clients in sending legal notices is in cases of property disputes, builder-buyer disputes, dishonour of Cheques, family disputes pertaining to asset distributions, husband-wife conflicts, consumer complaints and cases where salary/wage commitments are not met. The dispute therefore, can be resolved before going to the Court which generally involves time, effort and money. Legal Notice through Advocate can be sent with a warning to comply with the rules/laws within 15 days. 

Detailed discussion is required in such cases with complete facts/documents. 

You may contact my secretary to connect with me for clarification. 

No it’s a common area . It can’t be sold

- 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. 

- Hence, the society cannot refuse you on the ground of selling the same by the builder

- You can lodge your complaint against the society before the Registrar , and even can file a complaint before the Consumer Forum as well. 

Dear Client,

Legally, the price of such parking spaces is already accounted for in the sale price of the flat. Hence, the society's argument that all the parking spaces were sold by the builder at first instance is legally debatable. You are entitled to utilize the parking spaces as collective property and the society owes it to ensure fair distribution. If the society denies granting parking, you can initially go to the managing committee or Residents' Welfare Association (RWA) of the society for redressal. Failing that, you can file a complaint before the Consumer Disputes Redressal Forum, which is quicker and cheaper for such real estate grievances. Alternatively, you can go to the civil court, but that is generally more time-consuming and costly. When it comes to legal expenses, a consumer complaint usually entails nominal charges (a couple of thousand rupees based on the amount of claim), but civil litigation may mean more than ₹50,000 or even more based on complexity as well as attorney charges.

Dear Sir, 

It is informed that open car parking can't be sold. The remedy leis in the consumer court at the best.