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Kerala High Court says Malls don’t have rights to collect parking fees

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The Kerala High Court on Friday (January 14, 2022) said prima facie, it was of the opinion that malls don’t have the right to collect parking fees and asked Kalamassery municipality whether it had issued any license to the Lulu International shopping mall at Ernakulam for the same.

Justice P V Kunhikrishnan, while hearing a plea that the mall was illegally collecting parking fees from customers, however, did not ask the mall to stop the collection but said it would be at their risk.

“As per the Building Rules, sufficient area for parking space is necessary for constructing a building. Parking space is part of the building. The building permit is issued on condition that there will be parking space. Based on this undertaking the building is constructed. After constructing the building, whether the owner of the building can collect parking fee is the question. Prima facie I am of the opinion that it is not possible,” the court said in its order.

The court has asked the municipality to file a statement about its stand regarding the issue and posted the matter for further hearing on January 28.

“Further collection of the parking fee by respondent (Lulu Mall) for parking vehicles in the area which is earmarked in the building permit for parking will be subject to the result of the final decision of this writ petition. But I make it clear that they can collect the parking fee at their risk,” the court said.

Petitioner Pauly Vadakkan, a film director, has contended that the mall’s management was responsible for providing free parking to customers.

Mr Vadakkan moved the high court after ? 20 as parking fees was collected from him when he had visited the mall on December 2.

He has alleged that the mall staff closed the exit gates and threatened him when he initially refused to pay the amount.

“The parking area in a commercial complex is a public place meant for the purpose of the customers visiting that commercial complex and the 1st respondent (Lulu) in no way can collect parking fees for the same,” it was contended.

However, this contention was opposed by Lulu’s lawyer, who said that the mall has a license.

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Improved version of Hyundai Creta launched in Indian market: Check it out here

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Hyundai India launched the much-awaited Creta Knight Edition in the country at a starting price of Rs 13.51 lakh (ex-showroom, all-India). This new variant is available in both petrol and diesel engine options and can be had either with a manual or an automatic transmission unit. To read more about the Creta Knight Edition, click here. In addition to this, the company has also introduced a model-year update for the Hyundai Creta with new feature additions.

The 2022 Hyundai Creta is now available in a new Denim Blue colour option and the Highline TPMS is now standard across all variants. The SX (O) trim now also gets a glossy black centre console. Furthermore, the company will offer the iMT option on the 1.5-litre petrol ‘S’ variant to further expand choices for the customers. The new S+ variant powered by a 1.4-litre T-GDi petrol engine with 7DCT now gets an additional set of features, such as –

– Smart panoramic sunroof

– 16-inch black alloy wheels

– Smartphone wireless charger

– Rear Disc Brakes

– Electronic Stability Control (ESC)

– Vehicle Stability Management (VSM)

– Hill start assist control (HAC)

– Paddle shifters

– Metal pedals

– Electric and auto-folding ORVMs

– Power window auto up/down

Mechanically, the SUV continues to be powered by the existing petrol and diesel engine options.

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