Shivani Gadhavi
Published On: January 17, 2022 at 19:07 IST
The Kerala High Court on January 14, 2022 observed that malls Prima Facie do not have any right or authority to collect parking fees. The Kerala High Court was hearing a plea that alleged that malls have been illegally charging customers for parking fees.
Justice P V Kunhikrishna stated, “As per the Building Rules, sufficient area for parking space is necessary for constructing a building. Parking space is part of the building. The building permit is issued on condition that there will be parking space. Based on this undertaking a building is constructed.”
The Judge further added that “After constructing the building, whether the owner can collect parking fee is the question. Prima Facie I am of the opinion that it is not possible.”
The High Court in this regard asked the Kalamassery Municipality that whether they issued a license to the Lulu International Mall at Ernakulam for the charging and collecting of parking fees from visiting customers.
The Petitioner named Pauly Vadakkan filed the plea and alleged that the staff closed the exit gates and threatened him of consequences when he initially refused to pay the parking fee of 20 rupees. He contended that the management of the mall is responsible to provide free parking to customers.
The Plea stated, “The Parking area in commercial complex is a public place meant for the customers visiting that commercial complex and the 1st respondent (Lulu) in no way can collect parking fees for the same.”