Dear Mr. Nick Cooper,
I have perused the contents of your Post, being sent 10hrs. back at this Forum, through which you have sought advise for further steps to be taken by you in the matter of being compensated appropriately as against the caused damages to your car by hit & run by the offending vehicle, while standing in the authorized parking space at the premises of Safadrganj Hospital, N.Delhi.
I understand for said parking of your car, you might have paid some consideration (money) to the parking authority on issuance of its proper receipt as against prescribed parking charge AND if so, it is the gross DEFICIENCY in Services on part of the authorized parking concerns (Authority). Be sure that you do possess the money receipt of parking charges. But even in absence of same, said authority can not escape from their liability. This fact can be established on your sayings on affidavit.
Further, through your post you have said that you have managed to have the DD number as against your lodgement of complaint at the end of SDA P.S., N.Delhi. You have further said that neither FIR was registered nor its copy was served to you by the Police authority.
Under said facts and circumstances, I do opine the following steps to be taken by you at your end :-
1) Lodge a criminal complaint case on the basis of your complaint, being lodged so far with said P.S. and the DD number of said lodgement in the learned competent court of the Chief Judicial Magistrate having jurisdiction over the matter, stating there in the denial of lodgement of FIR by the Police with all details of the incident & by enclosing thereby the copy of your written complaint & the Parking charge receipt, if available.
2) Make parties to the concerned parking authority , the driver & owner of the offending vehicle in said criminal complaint case.
3) With regard to said criminal complaint case, it is advisable that you may seek legal assistance locally.
4) Immediately intimate in writing to the concerned Insurance Company and lodge a Claim in the prescribed manner with them as against incurred loss caused by damage. Please remember that you shall comply fully with all prescribed norms & procedures of the Insurance Policy with regard to Insurance claim as against incurred loss/damages.
5) Also, you may lodge a Consumer Complaint case as against the Parking Authority in the learned District Consumer Disputes Redressal Forum at your end having its competent jurisdiction over the matter seeking thereby an award of compensation as against incurred loss, so far.
Hope, all above satisfies and addresses your problems. Feel free to seek further advise, if required so, in the matter.
You may approach me through www.powertoconsumer.in - a website providing its free services to aggrieved consumers for redressal of their consumer grievances/disputes.
Thanking you,
SHIVESH KUMAR SINHA,
Advocate cum Legal Adviser to www.powertoconsumer.in
