No More Paid Parking at Malls: Consumer Court Sets Precedent

Swagta Nath
4 Min Read

The District Consumer Disputes Redressal Forum, Chennai (North), has ruled that the imposition of parking fees by V.R. Mall in Thirumangalam amounts to an unfair trade practice. The judgment, delivered recently by forum president D. Gopinath, directs the mall to cease charging for parking with immediate effect and marks a landmark decision in the ongoing debate over paid parking in commercial establishments.

The verdict came in response to a complaint filed by V. Arun Kumar, a resident of Kosapet. Kumar visited V.R. Mall on April 26, 2023, and was charged Rs 80 for parking his two-wheeler for nearly two hours. Objecting to the fee, he contended that as per civic norms and consumer expectations, malls are required to provide adequate and free parking facilities for their patrons. Kumar’s complaint highlighted a growing concern among consumers, who feel that such charges exploit visitors and go against the principle of customer-friendly service in commercial spaces. The forum, upon examining the facts of the case, found merit in the argument.

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During the hearing, V.R. Mall’s management defended their policy by citing the Tamil Nadu Combined Development and Building Rules, 2019. According to the mall’s administration, the rules only mandate the provision of adequate parking facilities but do not mandate that these must be free of charge. However, the forum observed that charging customers for essential facilities like parking — which are implicitly tied to the shopping experience — cannot be justified unless explicitly permitted by law.

Forum president D. Gopinath noted that such charges, levied without any legal basis or clear communication, constitute an unfair trade practice. He further emphasized that customers should not be made to pay for parking facilities that are required to be provided as part of building compliance norms.

In a decisive order, the consumer forum directed V.R. Mall to refund the Rs 80 parking fee and awarded Rs 10,000 in compensation to Arun Kumar for the mental agony and inconvenience caused. An additional Rs 2,000 was granted to cover litigation expenses. This ruling could have wider implications for malls and commercial complexes across Tamil Nadu and beyond. Legal experts believe it sets a precedent that may prompt similar establishments to re-evaluate their parking fee policies, especially where such fees are levied without proper justification or legal authority.

Wider Impact on Commercial Parking Policies

Consumer rights advocates welcomed the verdict, calling it a step toward holding large commercial entities accountable for exploitative practices. “This is not just about Rs 80. It’s about the principle. When a customer visits a mall to shop, watch a movie, or dine, parking should be a basic amenity — not a chargeable service,” said a Chennai-based consumer rights lawyer. The forum’s ruling comes at a time when complaints about arbitrary parking fees in malls, hospitals, and multiplexes have been rising across urban centers. With this decision, consumers are likely to feel more empowered to challenge such charges.

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As of now, V.R. Mall has not issued a public statement regarding the ruling or its plans to appeal the decision. However, with the court directive now in place, the mall must immediately halt the collection of parking fees — a move that could trigger similar complaints and actions against other establishments.

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