Theft in cooperative housing society

In case of theft of material belonging to the society in the presence of the watchman and his negligence, the society is responsible for lodging a police complaint.

However, the security agency may also be liable for negligence and complicity in the theft. 

Stopping payment to the security agency to compensate for the loss is not a recommended approach. Instead, the society should:

 1. Lodge a police complaint against the watchman and the security agency.

2. File a formal complaint with the security agency's management.

 3. Seek compensation from the security agency for the loss incurred due to their negligence.

4. Consider terminating the contract with the security agency if they are found to be complicit or grossly negligent. 

It's essential to note that the society should have a comprehensive contract with the security agency that outlines their responsibilities, liabilities, and obligations. 

The society should also ensure that they have adequate insurance coverage for such incidents.

 Please consult with a legal expert or a lawyer specializing in cooperative housing society laws to get specific guidance on this matter.

In a cooperative housing society (CHS), the chairman is responsible for the society's business and affairs. The chairman's powers and duties are defined by the Act, rules, bye-laws, and resolutions of the committee of management

Not checking the antecedents of the watchmen appointed could cost a cooperative housing society dear.

The Mumbai Suburban Consumer redressal forum recently held a co-operative housing society and its office bearers responsible for a break-in that took place in the house of one of its members, as they did not check the antecedents of the two watchmen who had been appointed.

The forum took note of the police investigation, which revealed that the two watchmen were behind the break-in.

“If the society had collected their photographs and other details it could have helped the police,” observed the forum.