Builder has charged me for Club charges and Covered Car Parking
My builder has charged me separately for Club charges and Covered Car Parking as I have paid him Rs. 350000 for this (over and above the flat cost). Recently I came to know that builder can not charge buyers for car parking as per honorable Supreme Court Judgement 2010. I went through the judgement and found that it talks about stilt and open parking but not explicitly on covered car parking. However, I do feel that covered car parkings do not fall under the definition of 'Garage' as per the judgement and that builders can not charge for anything apart from flats.
When I talked to the builder very recently, the builder denied me the refund of this money saying that he feels that he has charged correctly. The builder has started offering possession and I expect my possession to happen in July 2016.
Now my questions are:
1) Is my understanding correct when I say that the builder can not charge me for covered car parking?
2) How can I challenge the builder? Should I go to consumer forum? Assuming that my claim is correct, can the builder still deny me the refund if I win the case at consumer forum?
3) What is the highest level (court, eg: high court/Supreme Court) at which I can pursue this case? I do not want to go to a court (in case my understanding is correct) win there and then again go to higher court if the builder denies. I wish to go to that court whose judgement the builder can not deny.
Request your guidance on the same.