‘Own Risk’ After Paying Rs 20: Civil Hospital Parking Ticket Raises Questions

A parking ticket issued at S.M. Dev Civil Hospital, commonly known as Silchar Civil Hospital, has raised questions over the collection of parking fees and responsibility for vehicles parked on the hospital premises.

The issue came to light after a person posted a photograph of a parking ticket online, questioning why visitors are required to pay a parking fee while the ticket carries a disclaimer stating, “Parking at your own risk.”

The ticket mentions a charge of Rs 20, inclusive of all taxes, and states that it is valid for up to two hours. However, it does not mention the name of the agency or vendor collecting the fee, where the collected money is deposited, or any other details regarding the management of the parking facility. The ticket posted online also did not carry a signature.

In the accompanying post, the person questioned whether the hospital is functioning as a service-oriented institution or as a business establishment. He claimed that he had gone to the hospital’s X-ray department to gather information for a report and had kept an auto-rickshaw parked for only three to four minutes, yet was asked to pay Rs 20 as a parking fee.

The post also questioned the purpose of charging a parking fee when the ticket itself states that the vehicle is parked at the owner’s risk.

Speaking to Barak Bulletin, S.M. Dev Civil Hospital Superintendent Dr Arup Kumar Patwa said the parking arrangement predates his tenure at the hospital.

“This has been going on even before I took over the post. I came here 2.5 years ago and found this system since then,” Patwa said.

According to the Superintendent, a vendor currently manages the parking facility and pays Rs 4,000 per month to the hospital, while retaining the remaining collections.

He said the hospital is planning to issue a fresh tender for the parking facility and that the file has been sent to the District Commissioner.

Patwa initially said he did not know the identity of the vendor, stating that the arrangement had been established by his predecessor and the committee responsible for such decisions. He later identified the vendor as Anita Chorei of the Tarapur area of Silchar, and said she has been managing the parking facility since 2022.

When asked about the vendor’s company name, Patwa said he did not know it. He also stressed that the decision to appoint the vendor was not taken by him. He further informed that it was not an individual decision and that it involved a committee in which officials, including the District Commissioner and Joint Director, had a role.

Patwa further clarified that he was not part of the decision-making process when the existing arrangement was put in place, as he had not joined the hospital at the time.

The disclaimer on the ticket raises another question. If visitors are paying a parking fee, who bears responsibility if a vehicle is damaged or stolen while parked inside the hospital premises?

Patwa said the responsibility lies with the vendor managing the parking facility.

“This is not our duty, it is on the vendor. The responsibility to look after that is entirely on them. If anything happens, they must look into it,” he said. The Superintendent also claimed that he has been trying to change the existing vendor for around one and a half years.

This is not the first instance where establishments charge a parking fee while stating, “Park at your own risk.” However, Sections 151 and 152 of the Indian Contract Act, 1872, require a bailee to take reasonable care of goods entrusted to them. A disclaimer on a parking ticket cannot automatically override this duty. A 2020 Supreme Court ruling in Taj Mahal Hotel v. United India Insurance Co. also supports this position.