can I file a suit for misguiding can I file a suit for misguiding

2 years ago

I went to a commercial building in my car. Since the parking in the building was full, the security guard told me to park my car on the footpath. In the CCTV, it can be seen that he is guiding me to park my car there. After that the traffic police fined an amount of Rs. 620 as per section 177/122. Now that the building is refraining away from this matter, can I take a legal action on them for the fine imposed on me?

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Despite the fact that security requested you to park the automobile, it was your duty since in India, ignorance of the law is not an excuse. The most you can hope for is a reduced fine, but the police are unlikely to agree.
Thank you very much.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
Although the Security asked you to park the car, it was your responsibility since ignorance of law is not an excuse in India. The maximum you can do is ask for a reduced amount of fine, but it is likely that the police will not allow that.
thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.Legally you can but reasonably do you want to do it? It is your choice and I would suggest that you can send the commercial building management a legal notice as a warning and leave it to that or else you may file a case for wrong or unfair services.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.You may take legal action against them for tort but since the amount is only INR 620 will you really want to waste your time and money to sue them in Court is the main issue and who will you sue the watchman or the building?? I would suggest you to forge this incident and move on and be careful from next time. However still if you wish you may at your will publish this incident on social media but even in this case it may attract a suit of defamation towards you from the building management therefore take caution that you can prove that you were misguided by the watchman. Thank you.
If you have found the answer helpful than please provide review and give ***** as appreciation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTree near boundary
Dear Client, It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
question iconProperty way dispute
Dear Client, You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
question iconSuit for Declaration Clarification
Dear Client, Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
question iconRegarding Preamtion
Dear Client, We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
question iconBuilding house on land assigned for shop
Dear Client, Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...