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Niraj Saini (Senior Manger)     04 April 2014

Car damage in parking lot


 I went safdurjung hospital and paked my car swift dzire in its authorized parking. When I came back I saw someone hit it from back and damaged Dikki, back light, side fender and bumper.

Parking guy told us that it is done by a wagon r driver and he ran away but he has his phone number and car number.

I called police at 100 and pcr came, after some time ASI Surender Mohan Sharma from safdurjung enclave thana came and inspected.

Pakring guy called  the other guy who damaged my car and they came and promised to pay me for the damage at the service center however next day they denied it and said they will only pay 1000rs however damage is of about 20000rs.

Next day I went again to SDA thana and made a written complaint against both. ASI Surender did not launch FIR even though I asked many times. However I have managed to take a receiving of my complaint with DD number on it.

Can some one now please help me and tell what should I do next so that I can get compensated for the damage.



 5 Replies

Dr J C Vashista (Advocate)     04 April 2014

File a consumer complaint and move to the court praying for lodging FIR against the two persons manning and managing parking lot.

Engage/consult a local lawyer, however, it would be un-economical, and time consuming process

Narendra Malik (advocate)     04 April 2014

approach and inform insurance co. also within 7 days of accident and attach receipt of police.

Shivesh Sinha (Legal Adviser)     04 April 2014

Dear Mr. Nick Cooper,

I have perused the contents of your Post, being sent 10hrs. back at this Forum, through which you have sought advise for further steps to be taken by you in the matter of being compensated appropriately as against the caused damages to your car by hit & run by the offending vehicle, while standing in the authorized parking space at the premises of Safadrganj Hospital, N.Delhi.

I understand for said parking of your car, you might have paid some consideration (money) to the parking authority on issuance of its proper receipt as against prescribed parking charge AND if so, it is the gross DEFICIENCY in Services on part of the authorized parking concerns (Authority). Be sure that you do possess the money receipt of parking charges. But even in absence of same, said authority can not  escape from their liability. This fact can be established on your sayings on affidavit.

Further, through your post you have said that you have managed to have the DD number as against your lodgement of complaint at the end of SDA P.S., N.Delhi. You have further said that neither  FIR was registered nor its copy was served to you by the Police authority.

Under said facts and circumstances, I do opine the following steps to be taken by you at your end :-

1) Lodge a criminal complaint case on the basis of your complaint, being lodged so far with said P.S. and the DD number of said lodgement in the learned competent court of the Chief Judicial Magistrate having jurisdiction over the matter, stating there in the denial of lodgement of FIR by the Police with all details of the incident & by enclosing thereby the copy of your written complaint & the Parking charge receipt, if available.

2) Make parties to the concerned parking authority , the driver & owner of the offending vehicle in said criminal complaint case.

3) With regard to said criminal complaint case, it is advisable that you may seek legal assistance locally.

4) Immediately intimate in writing to the concerned Insurance Company and  lodge a Claim in the prescribed manner with them as against incurred loss caused by damage. Please remember that you shall comply fully with all prescribed norms & procedures of the Insurance Policy with regard to Insurance claim as against incurred loss/damages.

5) Also, you may lodge a Consumer Complaint case as against the Parking Authority in the learned District Consumer Disputes Redressal Forum at your end having its competent jurisdiction over the matter seeking thereby an award of compensation as against incurred loss, so far.

Hope, all above satisfies and addresses your problems. Feel free to seek further advise, if required so, in the matter.

You may approach me through www.powertoconsumer.in - a website providing its free services to aggrieved consumers for redressal of their consumer grievances/disputes.

Thanking you,


Advocate cum Legal Adviser to www.powertoconsumer.in




Agree with the opinion of Dr J C Vashista.

T. Kalaiselvan, Advocate (Advocate)     05 April 2014

Dr. Vashista has given some valuable suggestions, please follow it.

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