Car parking area form part of common area for benefit of all flat owners 

builder cannot sell open car parking slots 

File complaint against builder before RERA or consumer forum and seek orders to direct builder to allot you car parking slot 

Builder is bound to provide open parking space free of charge under Real Estate (Regulation and Development) Act, 2016. If he is so providing you can complaint to Real Estate (Regulation and Development) Act, 2016 Authority it the project is registered under Real Estate (Regulation and Development) Act, 2016. If the project is no registered under Real Estate (Regulation and Development) Act, 2016 you can complaint to District Consumer Forum  under new Consumer Protection Act, 2019, under which  proceedings are very fast.

Open car parks are not saleable 

If project is registered with Rera then please lodge a complaint with Rera court 

Even if in the agreement  parking space is not provided, he has to provide parking space for every flat without charging extra charges.

You can engage a local lawyer for filing complaint before consumer forum 

you have to state facts of case , grounds in your complaint before consumer forum and reliefs claimed by you 

Issue a lawyer's notice  seeking immediate allotment of parking as per your convenience warning of legal action. After that file a complaint in the District Consumer Forum, which  is called District Commission under the new Consumer Protection Act, 2019. A sanction plan for any project is not be approved unless there is sufficient parking space for each resident. The builder might have used the parking space for other purposes. Once a complaint is filed producing sanctioned plan everything will come out. File four copies of complaint to the DC. The procedure of Commission is consumer friendly. 

- 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, 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

- Hence, even if you will purchase then also the society will be the owner of that parking space . 

Only under rera provision builder can sell the closed car parking. 

As the sale of parking lot has become illegal, its 'purchase', too, has become invalid.

Back in 2010, the Supreme court had banned the sale of parking spaces across the country. 

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.

The builder cannot pose any such threats especially in view of the supreme court judgment on this subject.  

You can drag him to court of law if he still proceeds on selling the parking space seeking an order of stay against him on this proposed sale. 

You can approach civil court with a suit for permanent injunction against the builder on this by attaching the supreme court judgment  seeking to restrain the builder from selling the parking space  and also for taking action against him for contempt of court for not obeying the supreme court judgment. 

It may not very effective or a proper decision to approach consumer forum to get this grievances redressed.

You can obtain a permanent injunction against the builder through  civil court which would be an effective step in this regard.

However if you prefer to approach consumer commission only, then you can engage the services of a local lawyer practicing in the consumer laws and get the proposed case filed as per the law and procedures thereon. 

Dear sir / Ma'am,

The right of the builder to sell such open space depends on whether the owner's society is formed. The Supreme Court of India ruled in one of its judgments that- a builder/ developer/ promoter (of flats/ group housing) cannot sell open or stilt parking area (meaning uncovered or covered parking space) once the owners’ society is formed, as the said space becomes a part of “common areas and facilities” of the Society. 

Hence you can only object if such a society is formed. 

Thank You.

1. The Builder has certainly obtained sanction for construction of the buildings and the said sanctioned construction plan will show the car parking area/open area for sale and also common area.

2. The Builder can not sell the common area mentioned in tghe sanctioned building plan as car parking space.

3. If he does that then you can file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice.

4. Alternatively, you can also buy your car parking space from the open space if it is not common area.

1. First find out  whether he is selling the car parking space from the common area or not.

2. If yes, then file the complaint case before the Consumer Forum as suggested in my earlier post.