Rs 10 parking fee dispute ends in Rs 22 lakh penalty for hospital, contractor

“The Medical Superintendent and the Principal of Dr RPGMC Tanda were directed to ensure that, from now onwards, no overcharging is done to consumers. The rates displayed on the board by the contractor must be identical to those approved by the competent authority,” the September 11 order said.

Directing the hospital representatives and secretary (health), the order said they should, “ensure that the amount so received from the parking in future shall be utilised specifically for the improvement of the parking. The present parking which shall be mettled within the next two months.” It was added that proper linings, public utilities shall be provided to the consumers who will park the vehicle in the parking, and the fund received from the parking shall be utilised only for improvement of the parking.

A Rs 10 parking charges fight

On June 10, the complainant visited a medical college as an attendant accompanying a relative to the emergency department. He parked his Alto car in the hospital parking operated by an authorised parking contractor. The official traffic board displayed at the site stipulated a rate of Rs 20 per hour for four-wheelers. 

The man’s vehicle remained parked for less than two hours, making the legitimate applicable fee Rs 40. However, upon exit, staff acting under the contractor demanded and forcibly collected Rs 50, illegally overcharging the Complainant by Rs 10. Upon protesting, the on-duty staff misbehaved, engaged in a heated altercation, and unlawfully detained his vehicle, causing severe harassment and mental agony during an ongoing medical emergency. 

He challenged the parking system, contending that the parking facility operates on public welfare land and that non-transparent receipts, non-disclosure of rate-fixation authority, and exorbitant daily rate caps of Rs 400 per day for four-wheelers and Rs 200 per day for two-wheelers within a government medical facility amount to systematic economic exploitation, gross deficiency in service, and an unfair trade practice. 

He alleged deficiency in service and filed a complaint, and on July 25, an application under the Consumer Protection Act, 2019, seeking permission to proceed with the complaint on behalf of numerous consumers having the same interest, was filed by him. 

The parking contractor denied overcharging and misbehaviour. He said the car had remained in the parking for more than three hours, for which the applicable fee would have been 60, but only Rs 50 was collected. He denied deficiency in service, demonstrating smooth and transparent operation.

The medical superintendent, principal and secretary (health) said the parking facility was completely handed over to the contractor and that they hold no share in the parking fees nor do they exercise operational control over the area. They said the rates were duly fixed by the Governing Body of Rogi Kalyan Samiti on September 14, 2021 to deter unauthorised/idle roadside parking by the local public and ensure space remains available for genuine hospital visitors. 

Complaint allowed

The Commission, exercising its power to grant punitive damages, directed the Medical Superintendent, Principal and Secretary (Health) to deposit Rs 20 lakh with the District Red Cross Society, Kangra within 60 days of the order. It also held that the District Red Cross Society, Kangra shall provide financial assistance for poor patients only out of this amount. 

It directed the parking contractor to deposit Rs 2 lakh with the Superintendent of Police, District Kangra, and said that the Kangra District Blood Saviour Society will utilise the amount to distribute traffic helmets and promote traffic safety awareness among the general public, especially college students. 

Takeaway

The ruling highlights that the parking rates charged from various consumers having no legal backing cannot be imposed without approval of the appropriate authority. Under Indian constitutional law, taxes and fees both involve compulsory payment collected by the government or public authorities. Article 265 of the Constitution of India states that “Taxes not to be imposed save by authority of law: No tax shall be levied or collected except by authority of law.” 

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance. 

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