How far will you go to avoid paying a Rs 300 fine, after your vehicle has allegedly been towed for a no parking violation?
How far will you go to avoid paying a Rs 300 fine, after your vehicle has allegedly been towed for a no parking violation?
45-year-old Khar resident Anil Gidwani claims to have spent over a lakh rupees by way of legal costs and loss of earnings after his car was towed by the cops in March 2007. Gidwani, a graduate in electrical engineering from IIT and a masters in computer science from Ohio University, has an independent business. He has attended over 20 hearings in court, but the case remains unresolved.
Gidwani's light green Santro (MHO2-18032) was towed by traffic police from near the road opposite the Cooperage Maidan, Churchgate. After returning his car, the traffic police filed a case against him in the traffic court when he refused to pay the fine.
"A simple parking violation, the total cost of which would have been Rs 300 had I paid the fine, has cost me Rs 1, 22,100 in lost earnings, travel time and other expenses so far. And this is although I avoided legal fees by representing myself, but I had to procure books on traffic laws and spend a substantial amount of time studying them" alleged Gidwani.
He further claimed that the constable who towed his vehicle and was being cross-examined by him fell ill and failed to appear in Court for around eight months. Neither was a medical certificate produced initially despite several requests. "It was produced miraculously when I requested the trial be dismissed. A last chance to appear was given to the constable."
Gidwani had his car towed again in April 2009 from the suburbs, but this time the traffic police apologised verbally and returned the car with the annotation: "The car was parked over 15 m from the no-parking sign, and hence we have returned it". (SMD has acquired a copy).
Nitin Dossa, executive chairman, Western India Automobile Association (WIAA) said Gidwani should have approached senior traffic police officers before going to the court.
"Courts should not be burdened with such small matters. He could have approached us for advice rather than wait so long," said Dossa.
Gidwani now intends to take up the matter with the High Court to challenge what he deems harassment of citizens.
