Q: I bought a property from a builder and the housing society was already formed. We approached the society for the same but they did not respond. Now I have purchased a stilt parking from the builder but the society is asking to pay fine for it. Why should I do now?
A builder has no right to sell open / close parking space to you against your wish. The parking spaces can not be treated as common areas by the builders.
Supreme Court has passed a law that the developers cannot sell an open parking mainly stilt parking as it is not a separate and self contained set of premises. A flat buyer need not have to give extra money for buying both open and closed parking plots. These space are a part of common area and cannot be sold independently. A builder can sell only a flat and a sale of parking space is a controversial issue. As you are using the parking space the ad interim injunction application when filed by the society would be in your favour.