Mall has been ordered to stop charging parking fees after a consumer complaint. Consumer Court called the practice unfair and awarded Rs 12,000 in compensation and costs.
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CHENNAI: In a big decision that will help many shoppers, the District Consumer Disputes Redressal Forum, Chennai (North) has given an important ruling. It said that taking money from customers for parking inside a shopping mall is an unfair trade practice.
The forum has ordered V.R. Mall in Thirumangalam to immediately stop charging parking fees from people who come to shop there.
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This order came after a complaint was filed by V. Arun Kumar, a resident of Kosapet. He had gone to the shopping mall on April 26, 2023, and parked his two-wheeler inside the mall’s parking space. After spending 1 hour and 57 minutes, he was asked to pay Rs 80 for parking.
He was surprised and asked one of the mall staff members why he was being charged for parking when the mall is supposed to give enough space to park vehicles for free to its customers and visitors.
In his complaint, V. Arun Kumar questioned the logic of this charge. But the mall authorities (opposite party) responded by saying that there is no rule that stops them from collecting parking charges.
They said that as per the Tamil Nadu Combined Development and Building Rules, 2019, they are only required to provide enough parking space.
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They argued that the law does not say that parking has to be provided “free of charge”.
The case was carefully studied by the consumer forum. After looking at various previous rulings and discussing the legal points, the forum, led by D. Gopinath, made it clear that the mall had not shown any valid rule or law that allows them to collect parking charges from customers.
The forum said that because the mall could not provide any such rule, it must be assumed that they do not have the legal right to charge customers for parking.
The forum stated:
“As the opposite party had failed to bring on record any enabling provision to permit them in imposing parking charges, it has to be naturally presumed that they do not possess such rights and therefore, the imposition of charges in pursuant to the same would clearly constitute unfair trade practices.”
As a result, the consumer forum not only ordered V.R. Mall to stop charging customers for parking but also directed them to pay Rs 10,000 as compensation to the complainant V. Arun Kumar for the mental agony, pain, and suffering he went through due to this unfair act.
On top of that, the mall was also told to pay an additional Rs 2,000 for the litigation cost.
This case highlights the rights of consumers and sends a strong message to business establishments like malls, telling them not to misuse their position and force customers to pay extra in the name of facilities that should ideally be free.
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