Only 3 side cover parking under rera can be sold all other parking cannot be sold by builder. Yes you can challenge and seek refund from consumer court

Sale of garage is not illegal 

sale of open car parking slots is illegal 

It may be written in the sale deed but that is ilegal on the part of a builder to charge you for that amount.

Therefore file a complaint against him in the RERA tribunal.

As per the supreme Court judgement builder mast provide one parking a wrong with one flat if you have been sold and other parking by the builder and has been charged for the parking there is nothing wrong in the purchase

No builder can legally sell any parking slot, covered or open, to any buyer for his/her exclusive use, as parking space forms part of the 'common areas', intended for the use and enjoyment of all residents in that community.

What cannot be sold is open parking which  is  common area. There is distinction between open parking, “garage” is a place within a project having a roof and walls on three sides for parking any vehicle. A covered parking is “garage” which  you have validly purchased. The sale is valid and can be enforced.

According to RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are clearly defined as part of common amenities such as lobby, stairs, elevator, garden, etc.

The stamp paper to register your house must mention covered-car parking. 

RERA Authority does not object/restrict the sale of covered parking when it uses the words   “garage or covered parking space when sold or allotted for monitory consideration

The Circular of RERA permits the sale of basement parking, stilt parking, podium parking, and other kinds of “covered parking space” as defined under the rules, 

Thus almost the entire parking area except for the open parking area can be sold as per the Circular. 

- 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. 

- Since, your parking space is already mentioned in the Sale deed , then you have legal right over the same , and it cannot be cancelled. 

Dear Client,

The developer is entitled to charge the buyer or allottee separately for garage spaces according to the Central Act. However, when it comes to open parking spaces, the builder is not entitled to do so. 

Thank You.

Hey, Covered parking sale is legal. Infect most of builder sale car parking with flat and if owner need more card parking, builder get extra payment for extra card parking. This is legal

So car parking charge mentioned in sale deed is legal.