Stilt Car Parking space in a co-operative society is the space which is not open from top, meaning thereby that it is under the stilt or the building constructed for the flats. It is having a ceiling. It is having a roof on its top.
Can a builder sell an open or stilt car parking area to the individual house owners? In the absence of bylaws and guidelines to sell an apartment, even open car parks are being sold in an apartment complex in many Indian cities. The purchasers in the apartment complex cannot claim partition of their UDS of land and the same shall remain alienable but undivided and impartible.
In a landmark judgment in 2010, the Supreme Court had ruled that open or stilt car parking area cannot be sold or treated as flat or garage and sold to individual flat owners, but at the best be treated as ‘common area’.
Therefore the agreement itself containing 'stilt parking' area is not valid hence any case filed on the basis of an invalid agreement shall not be maintainable.
However you can issue a legal notice to the builder demanding the return of the extra money collected for allotting the stilt parking area and you can drag him to consumer forum for deficiency of service.