Car damaged during tree purging activity
Querist :
Anonymous
(Querist) 28 October 2023
This query is : Resolved
Hi, I stay in palava city, dombivli, there is Body appointed by lodha builder to care of selling of flats,resale, care of roads, garbage collection, water treatment, security, maintenance of gardens, trees, street lights in palava city called as PCMA.There was mail from PCMA to our Lagoona society regarding tree purging activity dated 6th June but activity was carried out on 12th June without change in schedule notice to Lagoona society. I caught horticulture labours on 12th June for dropping tree branches on my car n damaging it with scratches n dent. Pcma supervisor was not present on site when workers were doing the tree cutting activity. I had parked my car in open parking space which is not allocated to me but same used by others for parking, as there is no strict action from pcma for designated parking. Everyone parks their car in open parking as per space available in palava. Maruti Automotive Dombivili gave me quote of 27000/- for car repairs denting, painting n labour cost involved. I asked lagoona society for any mail communication from pcma related to tree purging activity - They denied for such mail information.and asked me to check with pcma, Pcma stated we have sent mail to all society n not individual residents on 6th June.later when checked with society secretary He replied we missed out this mail, it must have gone in spam folder, and forwarded same mail on my email I'd after requested after 18 days from incident stating we received it in our other email id. Committee member handling this account was in Pune. When I asked why this important notification mail was not shared in society community group myGate app or WhatsApp group. They gave stupid answers like even we have work along with managing society. When I asked for compensation of Rs27000/- towards my car damage.i provided them maruti Automotive quote. They are denying. Society cannot help you in this matter. Under which society byelaws can I file a case on society to claim for â¸compensation and mental harrasment. Can I send them legal notice. Plz guide me. Even PCMA has denied to compensate for my loss. They are not ready to accept their mistake. It was society members mistake for not sharing pcma activity information on time. I would have moved my car to other parking space and incident could have been avoided. Plz guide me on this
With regards,
Aniket
T. Kalaiselvan, Advocate
(Expert) 29 October 2023
You can issue a legal notice to the authorities concerned to reimburse the costs incurred towards the repair and other related expenses, failing to comply, you may drag them to the consumer commission for necessary relief
Dr. J C Vashista
(Expert) 29 October 2023
Contact, consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.
Advocate Bhartesh goyal
(Expert) 30 October 2023
You can sue society for their negligent act, issue notice and claim repairing charges of your , failing to respond notice file complaint before Consumer Commission and claim repairing charges pf your car and compensation towards mental and physical agony caused to you.
P. Venu
(Expert) 30 October 2023
Yes, in the given facts, you can approach the consumer forum or a civil court and claim compensation.
It would be advisable, in the first instance, to send a legal notice to the concerned parties.
