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abcdefghijk (BPO)     26 May 2015

Are consumers taking undue advantage of sympathy of court ?

Today all the committee members of our co op hsg society in mumbai are frustrated due to un expected judgment of consumer court against society. Case back ground is as below.
Two years back, One of the trouble creator resident of the society did not removed his car from parking despite of lot of requests (verbal) during painting of society. Later did allegation that workers of painting contractor climbed on his car to paint roof of stilt parking which created dent to roof of his car. The so called damage was so minor that probably it was self created by pushing roof by hand. Yet he asked compensation of rs. 1 lac. Which was probably more than resell value of his old car. He also filed police complaint against society where we gave statement that society will help him to give reasonable compensation from the painting contractor. Also informed him in written to provide a valid bill of repair of vehicle against which society was ready to pay compensation to him. Society had given compensation to other members from the retention amount of painting contractor against valid bill for damages occurred to their property during painting.  Yet this guy filed a case against society in consumer court and court has given verdict today to pay him rs. 16000 as in estimate provided by garage owner not a bill. And it covers many other repairs apart from dent on roof top. In addition to this Rs. 15, 000 compensation and expense of case.
Dear readers please advice what wrong our society has done? 
We have lost the belief on law with this verdict. 

Dear readers, please advice us how we should react on this. You may please call me directly to 9987662626. Being co-op society we have restrictions on expenses. How do we go about this?



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 2 Replies

abcdefghijk (BPO)     26 May 2015

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 May 2015

It appears to me that yours is the only society and committee in the world where the members are so timid and passive. There are many cases in Mumbai where consumer courts are taking Societies for a ride. A society member is not a consumer as defined under Section 2 , (c) (vi) (d) of the Consumer Protection Act. What the Society gives is not a Service as defined under Section 2, sub-section (o) of the same Act. The lawyers who represent Societies are ignorant of this and Consumer Forum members do not know it either. This is not a vandal action. It is purely a civil dispute. Police need not involve themselves in this. Even if police come, there is no criminal action by the Society. I am also in Mumbai. If you feel so, you can contact me through a PM. 


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