The society has also sent him a detailed maintenance bill, which includes a parking fine of Rs 31,000 and a jammer fine of Rs 6000. Kapure, a resident of Lok-Nisarg Society at Vaishali Nagar in Mulund (West), told mid-day that the society had no right to clamp his vehicles, as only the traffic police are authorised to do so
Kapure’s scooter lying clamped near the society gate. Pics/Special Arrangement
Even after 40 days, Mulund police have failed to help software engineer Sachin Kapure get the clamps removed from his car and bike, which were seized by the Lok-Nisarg Society in Mulund. The society has also sent him a detailed maintenance bill, which includes a parking fine of Rs 31,000 and a jammer fine of Rs 6000. Kapure, a resident of Lok-Nisarg Society at Vaishali Nagar in Mulund West, told mid-day that the society had no right to clamp his vehicles, as only the traffic police are authorised to do so. Legal experts also confirmed that the society’s action was a violation of the law.
mid-day was the first to highlight the issue in its August 14 article titled, ‘Mulund man’s wheels held hostage in parking war.’ Speaking with mid-day, Kapure said, “My car and bike were clamped by society secretary Sanjay Kuckian in July. I lodged a complaint with the Mulund police, but they failed to help me. I stopped paying maintenance for a year because the society was overcharging me. I asked for supporting documents, but they refused to share any.”
He added, “The society conducted a parking lottery, but my name was left out. Despite paying monthly maintenance, I was not allotted a parking space. My car was also illegally seized by the committee. Now, because my vehicles have been clamped for so long, they are damaged. The committee members responsible must compensate me.”
Sachin Kapure with his car, clamped for over a month inside the society premises
Kapure further alleged, “Mulund police failed to free my vehicles. They should take responsibility and register an FIR against the society secretary and committee members who seized them.” Lok-Nisarg Society, established in 2002, has 220 flats. Parking disputes were once common, as residents parked in random spots. To resolve the issue, the committee held a parking lottery and allotted designated spaces. However, residents who defaulted on maintenance payments were denied allotments.
Senior Inspector Ajay Joshi of Mulund police station told mid-day, “We requested the society committee to remove the clamps from Kapure’s vehicles, but they refused. They showed us the minutes of the general body meeting, where the decision to clamp vehicles was passed. The committee also collected signatures from 160 members supporting this decision. We have approached the deputy registrar for assistance and are awaiting their report. Further meetings will be held with the society to resolve this matter.”
Advocate Godfrey Pimenta, trustee of the Watchdog Foundation, said, “In the Bharatiya Nyaya Sanhita (BNS), wrongful confinement is addressed under Section 127, which defines it as restraining a person in a manner that prevents them from moving beyond certain limits. This offence is considered more serious than wrongful restraint, which only restricts movement in one direction. The police should take action accordingly.”
Society secretary Sanjay Kuckian told mid-day, “On February 12, we approached Mulund police with a complaint against Sachin Kapure, who has been non-cooperative and disrupting our parking project. When the police came to his house, he refused to open the door or answer calls. They finally had to call his sister to get him on the line. Kapure then told the police this was a civil matter and not under their jurisdiction.”
Explaining the society’s stand, Kuckian said, “The General Body approved a project to allot parking slots with proper marking and tags. Only members who paid maintenance and parking charges were eligible. Kapure is a defaulter who hasn’t paid dues and demands that his interest be waived off, which neither the committee nor the Registrar has the power to do.”
According to the secretary, Kapure has also “illegally occupied a slot allotted to another member in the lottery” and has refused to vacate it for five months. “We have repeatedly requested him by phone, email and in person to remove his car and bike, but he refuses. He picks fights with guards, staff, even elderly residents, and we have several complaints about his abusive behaviour,” Kuckian alleged.
He added that the General Body, in its 16th AGM, decided to fine wrongly parked vehicles and empowered the committee to frame rules. “We have all evidence against Kapure and have submitted it to the police station and Deputy Registrar,” he said.
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