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Eishaan   16 January 2023

Society rules - accidental damage

Incase a resident has ordered a product online. At the time of delivery of the product the logistic partner accidentally damaged the society property.

In that case is it the resident / owner responsibility to fix the same or is it repair and maintence fund.


 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 January 2023

In case, but not really.  Then why academic query? Are you wasting the time of the forum members?

T. Kalaiselvan, Advocate (Advocate)     17 January 2023

The resident also can be held vicariously liable to the damage besides the person who has caused the damage to the society's property

Alpa Jogi (Advocate) (Lawyer / Advocate)     17 January 2023

Lot of things needs to analaysed before answering the question perfectly. Like what are the delviery rules of the online company (do they hold the consignee laible for any damages), what are the bye-laws of the society etc...


But time being you can take the stand that recovery may be made from the person who has made the damage. Not an serious isssue. Might get resolved by itself with passage of time as people tend to forget the things rapidly.


Alpa Jogi (Advocate)

Civil Advocate in Ahmedabad



Eishaan   18 January 2023

I read in our society bye-laws that society should have insurance covering both natural calamities and third party laibility? But they don't have this insurance in place.


"159. a. The Society shall insure its building/s necessarily against risk of natural calamities, fire, flood, earthquake, third party liability and like"


Still individual needs to pay?

Alpa Jogi (Advocate) (Lawyer / Advocate)     19 January 2023

No it it is written in bye-laws, than you are safe. Let them go to court for recovery.

Alpa Jogi (Advocate) 
Civil Advocate in Ahmedabad


We should refrain ourselves from asking silly questions. Instead let's ask such questions which are truly benifitial for all.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 January 2023

The society can have a claim on the member. The member can have a claim on the agency which actually caused the damage. There were such cases in our society. The members was asked to pay and she paid. I do not think that she claimed from the agency. She could have if she wanted. 

Sudhir Kumar, Advocate (Advocate)     22 January 2023

The query lacks facts of the case. Not clear:-

  1. what was order.
  2. what damage the product caused to socity
  3. how the damage offucred.

what socities registered constitution say about the same.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2023

No constitution of any society will own up for payment of such damages caused by a member, his servants, contractors, suppliers or agents.

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