Car parking

The Builder has charged four laks on me for allotting me two car parking. I request for your expert guidelines on the below : As per the Supreme Court judgement a builder cannot sell or charge extra for the parking space provided to the flat buyers. I am referring to the Central Mumbai District Consumer Disputes Redressal Forum’s judgement, which directed Tata Housing Development Company to refund the car parking charges collected by them as "Car parking area is the common area of the society. Therefore, the opponent (the developer) had no right to charge any amount for the sale or use of the parking space." Where as builder has choosen to sell the car parking slots and collected 4.oo lacs from my me vide receipt no 124031 dt 11.01.2012 illegally. Despite of having collected the money in the year 2012, even after the lapse of the three years the car parking has not been handed over to me till today.. can I claim refund, failing which can I approach the consumer court for a remedy. Pl advise.