Recently, the residents’ welfare association (RWA) imposed a fine of 15,000 INR on a resident for parking issues in Aditya Mega City. However, this action was not per the law, and the resident rightfully filed a complaint at the Indirapuram police station accusing the AOA of arbitrariness. To shed some light on this issue, we spoke with Advocate Rohit Dhuriya, who has vast experience handling similar cases in the Supreme and High Courts. He emphasized that societies do not have the authority to impose fines, and certain sections of the law come into play in such cases.
It’s worth noting that in the case mentioned earlier, the AOA had clamped the resident’s car in the Aditya Mega City without their permission, which is illegal according to the law. Advocate Rohit Dhuriya has emphasized that societies or any other private entities do not have the right to clamp a vehicle or impose a fine, as only the authorities have the power to do so. This implies that what the AOA did was illegal and against the law.
The AOA clarified that the resident was parking their car in a location other than the designated area. The issue escalated, and the resident complained to the Indirapuram police station about the penalty imposed by the AOA.
Varun Khare, Deputy Registrar Society Firm & Chits Meerut, confirmed that the AOA cannot impose any penalty. If someone violates the rules in the society, they should complain to the concerned departmental officer.
ACP Swatantra Kumar Singh of the Indirapuram Police Station affirmed that “AOA doesn’t have the right to impose a fine on a resident for violating a rule. The resident even filed a written complaint. Further action will be taken once higher authorities provide instructions on this.”
If someone takes or clamps your car without your consent, there are three sections of the law under which people can file a complaint, as explained by Advocate Rohit Dhuriya. These sections are:
- IPC 393 Attempt to commit robbery: Anyone who attempts to commit robbery will be punished under this section.
- IPC 403 Dishonest Misappropriation of Property: Those who take control over any movable property shall be punished with imprisonment, a fine, or both under this section.
- IPC 405 Criminal Breach of Trust: Whoever is entrusted with property and misuses it or converts it to their own property will be punished under this section of the law.
Taking any action against the law is unacceptable, and AOA taking fines and clamping cars for such acts are independent and should not be pursued. It is best to let the police handle such issues, and society should have contacted the police in the first place instead of taking matters into their own hands.
In case of any problems, queries, or need for suggestions, one can contact Advocate Rohit Dhuriya. He is a highly experienced advocate in the Supreme Court and has exceptional knowledge of the law and the actions that need to be taken against someone who violates the law.
So, it is important to be aware of our rights and the relevant laws to ensure that we are not subjected to arbitrary actions.
Contact Rohit Dhuriya on adv.rohitdhuria@gmail.com
