Global and luxury brands line up in Pune

Shopping Center News - - CONTENTS -

With in­vest­ment pour­ing in from global play­ers, Pune is all set to be­come one of the best shop­ping cen­tres in In­dia

There have been some com­plaints Ćled with con­sumer fo­rums against mall op­er­a­tors for park­ing fee be­ing levied. One such in­stance is of Ker­ala, where the con­sumer dis­putes re­dres­sal fo­rum (CDRF) di­rected the mall op­er­a­tor to de­posit the park­ing fees col­lected by them. How­ever, this or­der of CDRF was stayed by the Ker­ala High Court. In their pe­ti­tion, the mall author­i­ties con­tended that there is no pro­vi­sion in build­ing rules which states that park­ing space to be pro­vided as per the rules should be given free of charge to any­one. Notably, CDRF’s or­der had con­cluded that the col­lec­tion of park­ing fee is a re­stric­tive trade prac­tice as per Con­sumer Pro­tec­tion Act. How­ever, the mall author­i­ties pe­ti­tioned that levy­ing of park­ing fee can­not be con­sid­ered as a re­stric­tive trade prac­tice. If it has to come un­der clause (b), some­body should have adopted a trade prac­tice which makes the buy­ing of a good or hir­ing of a ser­vice as a con­di­tion prece­dent to buy­ing goods or hir­ing a ser­vice. Here, no­body in­sists that if one has to avail any goods or ser­vice from the mall, one has to bring a car and park the same in the park­ing lot and shall pay a park­ing fee as a con­di­tion prece­dent, they said.

In Delhi also, mu­nic­i­pal cor­po­ra­tions have been or­der­ing malls to not col­lect park­ing fees. Those malls that have taken some beneĆt from the de­vel­op­ment author­ity or Mu­nic­i­pal Cor­po­ra­tion on the ba­sis of the prom­ise to pro­vide free park­ing may be asked by civic author­i­ties to de­sist from charg­ing park­ing fees. It de­pends on the con­tract such as ap­proved de­vel­op­ment plan or other agree­ments be­tween the mall own­ers and the civic author­i­ties and if such doc­u­ment pro­vides that no park­ing fees can be levied then such ac­tiv­i­ties can be pro­hib­ited. Malls that have not rep­re­sented that it will not charge any park­ing fee and have a valid li­cense to op­er­ate com­mer­cial park­ing spa­ces will have no ef­fect and in case it is be­ing pro­hib­ited a writ court may give ad­e­quate re­lief to the mall op­er­a­tors.

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