IPC 1860 section 406 (more possibility 4 parking dealer negligence)
Respected Sir / Mam,
I parked my motocycle at Delhi Rohini east metro station parking area 4 days back and over next day upon pick up that vehicle was missing from the parking area where parking representative was making excuses. After some time i went to police station (Rithala metro) and lodge FIR under IPC 1860 section 406 against the parking dealer. Seems like Police and dealer had some sort of deal, police pushing me to lodged complaint against the person who cut the slip not against the company who is responsible for this. I did as they suggested. today i got a news that my bike has been found in shalimar bagh and being advised to move court and plea to speaker for my vehicle possession. i am delighted but its not enough for my continuous follow up, please advise the more possibility to make the dealer responsible for this. i dont want to punish the person who cut slip.. what are other rights i may ask court to get in my favor.
Asked 2 years ago in Criminal Law from Delhi, Delhi
If the police is not registering the case against the company then it is advisable to approach the illaqa magistrate with a private complaint seeking the lodging of complaint against the company as the police is not ready to do it. The magistrate has a power to direct the police to file an FIR and investigate into the matter. The magistrate has the power to oversee such investigation as well.
These thing are commonly prevalent in that area. It is a nexus between the thief,the dealer and the police. This goes unchecked despite many complaints in this regard. The victim who vigorously follow it up will be happy to find atleast a compensated thing will be given to him as a relief. Luck that you got your own bike.
Since the local mafia are involved in it, better to see if the repercussions will not hamper you or cause more damage to you so that better protect yourself from future onslaughts.
You may approach consumer forum against the parking dealer/company for negligence and deficiency of service and claim compensation for mental agony and financial losses suffered thereof during the period of missing of your motorcycle.
Advocate, New Delhi
First take delivery of the bike.
Then pursue the case. Since you have mentioned the name of the dealer then he will be prosecuted. There is no question of prosecution of the parking staff who is not mentioned in the FIR.
you may send a legal notice to parking owner and incharge and claim compensation for your harassment which caused due to the negligence of them.
if they are not ready to pay the amount within notice period then you may file a complaint against them before consumer court, if you are unable to fight the case yourself then you may take help of lawyer.
Advocate, New Delhi
1. The person who gave you the slip is a poor employee of the company. It is actually the company which is legally liable for the safety of the vehicles. The FIR was liable to be lodged against the company and not the parking guy.
2. Since your vehicle has been found you should engage a lawyer and apply to the court for releasing it. Thereafter, you can sue the company for damages on account of the harassment you had to suffer due to its negligence.
1. The dealer was offering you his service against receiving payment,
2. so, you are a consumer of his service as per Consumer Protection (Amendment) Act,2002,
3. You can now file a consumer case before your local District Consumer dispute Redressal forum alleging deficiency in service and unfair business practice claiming damage for the mental tension faced by you and cost,
4. The matter will be disposed off within around 1 & 1/2 years.
you have written a FIR against the the person who is employee of the company operating stand. If you make any altercation in FIR it shall be treated that your conduct id not genuine. Court may presume that you told a lie and written false FIR.
if case is registered and investigated by police then during investigation and trial you will have chance to explain all the story.
in petty cases police does not investigate and file final report because you have found your bike and you may not pursue this case.