Regarding society negligence.
Dinesh
(Querist) 02 October 2014
This query is : Resolved
Dear Experts,
I would like to thank you in advance for spending your valuable time for my query.
I stay in a co-operative society in Mumbai.
Our society was undertaking some cleaning work in our society for which they had called for trucks to take away the rubbish collected.
The truck, while passing outside our house brushed against my car and damaged it badly. The truck was hired by the society to do society work.
Do I need to file a police complaint against the society for negligence or simply write to the society asking for compensation. What would be the right thing to do??
Thanks.
ajay sethi
(Expert) 02 October 2014
file your claim with insurance company . further ask society not to make any payment to truck owners for collecting debris and to adjust amount payable to them against your claim
Hemant Agarwal
(Expert) 02 October 2014
IF you have some recording of the incident, THEN file complaint before the Consumer Forum, against the Society and the Truck vendor, to claim damages and compensation.
Also additionally, do as advised by Adv. Ajay Sethi.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Rajendra K Goyal
(Expert) 02 October 2014
Lodge FIR against the truck. File claim with the insurance company.
M V Gupta
(Expert) 05 October 2014
File FIR with the police before lodging claim with the Insurance company. Hope u have collected the details of the insurance policy from the truck owner.
Dinesh
(Querist) 06 October 2014
Dear Experts,
I wrote to the secretary about the incident giving details of the truck company.
The secretary says that I should lodge a police complaint and claim insurance and that as per law the society cannot ask for damages from the truck driver.
But by claiming insurance I stand to lose my premium bonus and also the company will not give full claim amount.
Thus for no fault of mine I have to incur expenses.
I want to know that since the truck was contracted by the society, is it not the society's duty to make sure the members property is not damaged.
Also the society members have been said to be consumers in a co-operative society and the managing committee, the service providers. So does it not become imperative for the society to be responsible for the damage done to the society members property in the course of the work being done by the managing committee??
Would like to know from you experts of law , if I can approach the district consumer forum for compensation from the society for the damage done to my car.
Thanks a lot in advance for your valuable Advise.
T. Kalaiselvan, Advocate
(Expert) 07 October 2014
You have been advised to approach the consumer forum too, did you not notice the same?
Dinesh
(Querist) 08 October 2014
Dear Mr. Kalaiselvan, Wanted to be sure if the case lies against the society in the above matter and if I can file a case against the society and the truck company. If yes, then I'll first send a notice to the society informing them that if they do not compensate me I'll have to approach the consumer forum. Hence wanted to be sure if a case lies against the society as many of you and also the secretary replied that in this case I can only file a police complaint and claim insurance.
malipeddi jaggarao
(Expert) 08 October 2014
Mr.Dinesh, you are sufficiently guided by experts on legal points.
Practical suggestion is - claim insurance under the policy made out by you. Have negotiation with truck driver/owner to compensate you the deficit amount received from Insurance company by submitting the bills for repairs and close the matter.
Whether society is liable or not is interest of law. Practically the society is serving all the residents and you are one them. Instead of dragging the society to consumer forum, the above suggestion works out well. It is for your to decide.
Dinesh
(Querist) 08 October 2014
Thanks so much Mr. Jaggarao for your expert and practical sugesstion. Would like to also thank all of you here who gave me their very valuable inputs and guidence in the matter. May god bless you all, with all the success and happiness in the world. Thank you All once again.
ajay sethi
(Expert) 08 October 2014
thanks for your appreciation
V R SHROFF
(Expert) 08 October 2014
do as advised by Adv. Ajay Sethi.
file FIR ;
IT IS DRIVER'S FAULT, AND CONTRACTING CO.IS LIABLE +INSURANCE CO.
