• 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 1 year ago in Criminal Law from Delhi, Delhi
Religion: Hindu
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. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
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. 
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Dear Querist
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.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
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. 



 
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
442 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2767 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0