- The Maharashtra State Consumer Disputes Redressal Commission held that a builder has no right to sell covered parking or open parking, both of which are part of common amenities. The commission ruled that only the housing society's general body could make the allotment of space to flat occupiers.

- 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. 

- However, after amending the rules of the Real Estate (Regulation and Development) Act in Maharashtra, it is now permitted to builder to sell parking spaces to the flat buyers legally. 

- Further, under the new rules, approved parking spaces, both covered and open, can be sold, and also further permitted builders to demarcate such parking spaces sold.

- Hence, now the society cannot refuse the parking dully purchased by you and to give the approval letter 

- You can lodge your written complaint with the Managing committee, and also before the Deputy Registrar of Co-operative Housing Society. 

- Further , you can also file a compliant against the builder for the same before the Consumer forum. 

Take the below letter from the society [if its willing to provide]

This is to record and confirm that so and so was allotted so and so car parking at so and so which is attached to flat no. so and so owned by the said so and so and who has been using the said car parking for his exclusive use, subject to payment of the car parking charges to the society

The car parking allotment letter issued by the developer to you,  will be having a copy in his office by the developer.

You can issue a notice to the developer to issue a copy of the same  with a copy endorsed to the association for the reasons that you require the same to sell your property to the purchaser along with the car parking space allotted to you alternately to furnish NOC to you to substitute the parking allotment letter so that the buyer can be entitled to use the car parking space attached to your flat.

You can even approach a lawyer to issue this notice. 

You can seek inspection of records of allotment letters provided by builder to society 

if society refuses to do so issue legal notice to society to permit inspection of society records regarding allotment letter 

you can seek xerox copy of your allotment letter and society is bound to furnish on payment of necessary charges 

Dear sir,

You can issue a notice to the developer for issuing a copy  and send the developer a copy that you wish to sell the parking space along with the property and a NOC that the purchaser of the property is free to use the parking space.

Thank you

They are bound to provide you duplicate car parking allotment as you had paid for the car parking. 

Issue a legal notice to them through a lawyer first

Approach Dy Registrar against the society for the same, in case they do not adhere even after 14 days of receipt of the legal notice.

Take inspection of society records which show that you have been allotted parking slot . Obtain copy of said records by paying xerox charges 

2) you can furnish affidavit to buyer of flat 

1. Did you make an attempt to get the same or not yet?

2, If the society is not having records you may ask the society to give a letter to this effect based on their own records that this parking space was allotted to you the builder as per their records.

3. This affidavit may be an additional evidence to prove your allotment, hence there is nothing wrong in making an affidavit also to this effect. 

- You cannot give any affidavit to the purchaser for fixing the car parking , until the society approves the same.

- Hence, you can approach the management of the society after narrating that the said car parking was purchased by you .  

You can get the same through society and ask them to issue a certified copy. If not given you can go to dy registrar or consumer Court against builder.

If you need any further assistance then you can approach me through LinkedIn.

Dear Sir

Even if the builder is bankrupt you can still send a notice to him requesting for the required documents which are likely to be present in his records.

Providing an affidavit and an NOC giving all rights of the parking space to the person to whom you are selling is definitely a viable option.

Since the society does not challenge your title over this parking space, they will most probably no object to the new flat-owner taking your parking space. 

Thank you