You can approach the consumer court against the builder for deficiency of service

Ask builder to allot you car parking slot 

2) after formation of society it can realtor car parking slots 

3) no need to issue legal notice to builder at present 

1. open parking is not saleable

2. society cannot consider those flat buyers who have purchased open parking from builder, since in first place builder was not authorised to sell such open parking space

3. you have full right to park your vehicle in open space 

4. no member who has paid money to builder for open parking can stop you from parking your vehicle in open space

5. since builder has sold open space to flat buyers, this amounts to unfair trade practice, against which you can lodge a RERA complaint u/s 7. You certainly have a locus to file such a complaint since other flat buyers who have paid money to builder will try to prevent you from parking your vehicle in open area, which prejudices your right. Please note that builder has charged you for the open space too in the form of super built up area, so you do have a cause of action

Parking spaces are property of the Society and only Society can allot Parking Spaces to its Members, therefore any allotment by Developer is illegal and can be cancelled by Society. 

Dear Client 

As per the order of Hon'ble supreme court the builder cannot sell or allot parking area of a society and even if he do this then after the formation of society Association all the allotments will become Null and void and society can allot the parking space again.

So yes you can send legal notice to builder for allotment of common space without any authority and society cannot restrict you from using parking space and they have to allot you a parking space after society formation. 

 If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

• The apartment complex “Solely” owns the common spaces (Stilt or Open)
• The members DO NOT own these spaces
• 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
• Registered members include family members and associate members

1. As per the information mentioned in the present query, makes it clear that you have been allowed the parking after taken money for the same, but thereafter you were denied though at the end you succeeded in your claim.
2. But, yes for future you need to be proactive otherwise they might create/ raise the same issue.
3. You should give him a legal notice stating the last incident and ask him to reply in writing as to what he has to say to the issue last sorted out otherwise clear your money which you have paid to him for the same service.

Open parking comes under common area, builder cannot sold. Even is sold, no ownership to buyer. Tell every purchaser who have purchased open parking have no ownership. Ask for refund from builder.

You first apply for car parking space in writing in the form of an application.

You don't worry about the format.

Let the society reject your application citing any reason, if possible ask them to give the reason for rejection in writing, even if they refuse to give it in writing, don't worry.

You issue a legal notice demanding parking space as it is their duty to allot a parking space if it is available.

If there's no response for this legal notice, you may approach registrar with a complaint by attaching all the copies of efforts you had taken in this regard.

If you don't get a proper reply from registrar of cooperative socities in this regard, you can approach cooperative court with a suit seeking direction to the society to allot parking space to you.

Society is entitled to allot the car parking space either on first come first served basis or by draw of lots.

Yes you should send him a legal notice and if he doesn't respond then file a case against him in the consumer forum.

You should file a complaint against the builder for not registering in RERA. Also file for faulty construction and misleading brochure and information based upin which you are facing problems.

yes you can try the avenue of the dy registrar also

File complaint against society before consumer forum and seek orders to direct society to allott you car parking slot 

2) rely upon correspondence exchanged with society 

3) registrar would  not intervene in parking dispute and direct you to approach cooperative court for necessary reliefs 

Society cannot differentiate in members and all have eqaul right to use common area for parking.

Complain to registrar or obtain relief from court.

- 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, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the 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

- Further, parking spaces are common spaces which belong to the housing society, and allotment of the same is at their discretion, and the same can be done by means of First Come, First Serve or however the managing committee deems fit

- Hence society cannot adopt the same way as builder .

Yes you can make complaint to registrar for not providing you parking space because it is your legal right to park your vehicle in the building where you are residing.

You can ask society to provide details of allotment of parking space which shows that no parking space is vacate due to which you are not being provided with Parking space.