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Cooperative housing society pune pcmc0damage by third party

Querist : Anonymous (Querist) 26 July 2021 This query is : Resolved 
I am owner of a flat in Pune -PCMC. When I moved in to my flat, I used service of a movers and packers company.
In the entry gate, I approved the entry of the truck for unloading on my flat as the rule in almost any society.
After the truck unloaded my household items, while returning, the truck damaged a portion of the society gate.
The security could not stop the truck at that moment.
The the society management is of the view that I should pay for the gate repair.
Whereas I believe, the accident was done by a third party, and society if required should file case on the truck driver. Many third party delivery boys or service professionals keep coming inside the society. If someone indulges in some accident or criminal activity within the society without the knowledge of the flat owner, is the flat owner liable to such damages?
SHIRISH PAWAR, 7738990900 (Expert) 26 July 2021
Hello,

You just now shifted to society so avoid disputing with society and solve the problem with an amicable resolution.
Querist : Anonymous (Querist) 26 July 2021
Thanks, I am not entirely new to the society. I used to stay here earlier. Because of transferrable nature of job, I had to go to other place. Now, I am back to Pune. I also look for an amicable solution. But, if society insists that I have to pay, my query is : "Is legally I am liable to pay for any accident done by the third party service provider within society compound?" I think, it should be treated like a normal hit and run. Society management should directly file case against the truck driver. Am I wrong?
Dr J C Vashista (Expert) 27 July 2021
The transporter has moved your luggage on your engagement as an agent, hence it is your liability if the truck owner is not traceable /available, otherwise let the owner of truck be asked to reimburse the damage.
kavksatyanarayana (Expert) 27 July 2021
Yes. I agree with the advice of the learned expert Mr. JC Vasistha sir.
Querist : Anonymous (Querist) 28 July 2021
Thanks, Understood the point. Just one question: There is no proof that the damage was done by the truck. This is all just on the words of the guard. There is no CCTV footage (CCTV was not working). Guard did not take the number of the truck also while entering the society or leaving it. In some CCTV, somewhere inside the society, the truck may be seen- but it does not prove that this truck caused the damage. I was informed of the incident after two days of when it happened. I had some balance amount to be paid to the transporter. Since I was not even aware that something of this sort had happened, I cleared the due next day. There is not even a still photo of the truck at the accident site. So, transporter has completely denied being involved in this incident. Even many society members feel I should not pay as there is no proof. So, is it still my liability?
P. Venu (Expert) 12 August 2021
In my understanding, you cannot be held liable for the damage, as stated,done by the third party. I am unable to conceive of any basis for the proposition to the contrary.


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