Parking space charges

Take out the supreme court citation case and file a contempt  case against builder. Before doing that inform to builder about the apex court order.

None of the builders will mention the Parking space in the sale agreement. This is just a method to get more value for the flat, and includes other inflationary costs, e.g. loading on carpet area, development charges, etc. Therefore, you cannot do anything against the builder.

Only option for you is to refuse to buy a parking space. After the society is formed, you can ask the society to allot a parking space to you. The society has to allot parking space uniformly to all members as per the SC order. They cannot claim that some members have paid for parking and give preferable treatment to them.

While I agree with the views of ld. adv. Mr. Suneet Gupta,I would like to mention that the referred  supreme court judgement does not forbid the builder from selling the parking space by the builder, you may re-visit the said settled law and see under what circumstances the judgement has been made and peruse the contents of judgement thoroughly.  Therefore, wait for the society to take over and apply for parking space as advised. if you feel that this is exorbitant.

The said judgement prohibits the builder from selling any parking space which is not part of FSI, i.e. parking space which is not counted as covered area or constructed area in the approved building plans.

The parking spaces cannot be put on sale by the developer as you rightly said. No doubt, it becomes the property of the society on its registration. The stilt parking spaces cannot be termed as `open/covered garages' for sale of covered/open garage in addition to the flat.

It is immaterial if the purchase agreement does not include  car parking spaces in the common area of amenities. The car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage which could be sold by the developer.