My car was damaged in society premises. My car was damaged in society premises.

3 months ago

I'm tenant in a gated society in Noida and my car was damaged (scratched on roof and hood , dent marks) in society premises. The facility providing security told that scratches and dents were made by stray dog and they are not liable for any damages, further more they said that owners parks at their own risk. There is no video showing that stray dog made damages. When I asked for damages to be paid off estate manager refused to pay off , further more society president told that if you bring estimates we will pay off admitting in a meeting that it is security lapse. I got the scratches and dents fixed and provided a valid bill from a authorized car dealership.
Now they are saying they will not pay off since I got scratches fixed without them approving any estimates , I should have got multiple estimates and they will approve based on quotation that is appropriate to them , also again claimed that owners park at their own risk in society parking.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A registered society is governed by its Byelaws that provide the procedure of redressal of grievances if arise between a resident with another resident and the Society. Security is a part of common services rendered by a Society on receipt of Common Area Maintenance(CAM) charges from the residents of the society. In the given situation, when the society is not addressing your grievance, you need to bring the matter to the notice of the Registrar of Cooperative Societies or the Cooperative Court for a resolution in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
In such a situation, it's important to gather evidence and documentation to support your claim. Since the society president mentioned in a meeting that it was a security lapse, you may use this statement as evidence of their acknowledgment of responsibility. Additionally, if there are any witnesses who can attest to the damages or the security lapse, gather their statements. Provide the society with the bill from the authorized car dealership and any other relevant evidence. If the society continues to deny responsibility, you may consider seeking legal advice to explore your options, such as filing a claim in a consumer forum. Consult with a local lawyer to understand the specific legal avenues available to you in Noida for resolving such disputes.
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