Car Parking sold by Builder without Deed

I bought an apartment in Oxygen by Urban Tree, Chennai. Builder took 0ne lakh for open car parking space stating that my apartment doesn't get stilt parking. Without much legal knowledge, I accepted and paid the amount. Only after reading supreme court judgement, I came to know that builder cannot sell both open and stilt areas. I sent email demanding refund and also asking builder to stop selling and alloting parking space but didn't get proper response. Then my association (OUTAOA) sent email for which they replied as following: OUTAOA has on 15.06.2018 sent an email to the Developer, stating that the Developer does not have right to sell the car parks, since they are a part of the common area. It has relied on the Judgment of the Honourable Supreme court of India in the matter of Nahalchand Laloochand Private limited Panchali Co-operative Housing Society Ltd. (AIR 2010 SC 3607). With regard to the above, we would like to bring the following facts to light: 1.The above mentioned case is based on a different set of facts, bound by laws of a different jurisdiction in the country which in its entirety have absolutely no relevance or governance over the Project. 2.The above mentioned Judgment of the Honourable Supreme Court is based on the definitions under Section 2 (a-1) of “MOFA” and hence it cannot be applied to Tamil Nadu, since Tamil Nadu is governed by “TNAOA”. The judgment has to be read w.r.t. the provisions under the respective state/Local Law/Rules also. 3.Since the Developer has not taken the car parking area within the calculations of the common Area, Within the ambit of provisions under section 3(h)(3) of “TNAOA” the Developer has specifically mentioned in sub clause (xiii) under clause 23 of the “Agreement” that, “The Car Parking allotted shall not form a part of the common area for the purpose of declaration under The Tamil Nadu Apartment Ownership Act, 1994” My question: 1. Does TNAOA allow builder to sell open or stilt parking space without deed of sale ear marking the space allotted to parking? My deed talks about only the UDS for my apartment. 2. While covered space can be sold, it should have 3 walls, a ceiling and that's my understanding. Pls clarify. 3. Supreme court clearly mentioned in their judgement that even if the builder mentions parking allotment in agreement, it stands null and void as long as the parking is allotted in a common area. 4, My builder says that he did not include car parking area while calculating common area? Is that a right statement? Is it possible for builder to exclude common areas mentioned in Sch B and claim that he has right to sell such place separately? 5. Sch C of my agreement clearly reads that I have 436 sq ft UDS of land, interest, right, title on Sch B property. This contradicts with email received from builder claiming that he excluded car parking area while calculating common area to arrive at super built up area. Is that correct? Pls help me how to tackle builder