Damage to car due to leakage from podium
3 months ago
Hi, I am renting a house in a gated society in Bangalore. Since few years there is a leakage from podium to the parking space and as a result paint of my car is damaged. I raised this issue with the MC since 6 months and also demanded to reimburse the cost of repainted and repairing th car but MC declined. I had initially sent an email that I'll deduct the cost from next maintenance to which there was no response from MC till the last date and on the last date email was sent to me stating I need to pay full maintenance else I'll be charges an interest.
Can someone please help me and suggest the actions I can take? Appreciate your help nd guidance in advance.
A.Dear Client,
In the given situation, you need to file a complaint under Sec.70 of the Karnataka Cooperative Societies Act, 1959 before the Registrar or Dy. Registrar of Cooperative Society for a resolution in the matter failing which you may escalate an appeal against the adverse order before the Cooperative Tribunal under Sec.105 of the Act. You can also file your complaint against the Society before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 for deficiency in service claiming compensation for harassment along with cost of litigation. The Karnataka Cooperative Societies Act, 1959 does not specifically bar for filing the complaint before the Dist. Consumer Commission either under Sec.70 or under Sec.125 of the Act. So the complaint is maintainable. Complaint should be filed within two years from the date of cause of action.
In the given situation, you need to file a complaint under Sec.70 of the Karnataka Cooperative Societies Act, 1959 before the Registrar or Dy. Registrar of Cooperative Society for a resolution in the matter failing which you may escalate an appeal against the adverse order before the Cooperative Tribunal under Sec.105 of the Act. You can also file your complaint against the Society before the Dist. Consumer Commission under Sec.35 of the Consumer Protection Act, 2019 for deficiency in service claiming compensation for harassment along with cost of litigation. The Karnataka Cooperative Societies Act, 1959 does not specifically bar for filing the complaint before the Dist. Consumer Commission either under Sec.70 or under Sec.125 of the Act. So the complaint is maintainable. Complaint should be filed within two years from the date of cause of action.
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A.Dear Client,
I'm not a legal expert, but you may consider the following steps in dealing with the situation:
1.Document Everything:Ensure you have thorough documentation of the leakage issue, your communication with the MC, and the damage caused to your car. Keep records of emails, photos, and any relevant proof.
2.Consult a Legal Professional: Seek advice from a legal professional regarding your rights and potential courses of action. They can guide you on whether you have a valid claim for reimbursement.
3.Consumer Forum Complaint: If the MC continues to neglect the issue, you might explore filing a complaint with the local consumer forum. Provide all the documentation to support your case.
4.Discuss With Neighbors: If other residents are facing similar issues, consider discussing the matter collectively. A united front may prompt the MC to address the problem more seriously.
5.Alternative Dispute Resolution (ADR): Before taking legal action, you could explore alternative dispute resolution methods, such as mediation or arbitration, if provided for in your society's bylaws.
6.Check Society Bylaws:Review your society's bylaws to understand the dispute resolution mechanisms in place and whether there are any provisions for compensation due to negligence.
7.Local Authorities:In some cases, relevant municipal authorities may intervene if there are serious issues affecting multiple residents. Contacting them might be an option.
Remember, it's crucial to consult with a legal professional to get advice tailored to your specific situation. They can provide guidance based on the local laws and regulations governing housing societies in Bangalore.
Thankyou
I'm not a legal expert, but you may consider the following steps in dealing with the situation:
1.Document Everything:Ensure you have thorough documentation of the leakage issue, your communication with the MC, and the damage caused to your car. Keep records of emails, photos, and any relevant proof.
2.Consult a Legal Professional: Seek advice from a legal professional regarding your rights and potential courses of action. They can guide you on whether you have a valid claim for reimbursement.
3.Consumer Forum Complaint: If the MC continues to neglect the issue, you might explore filing a complaint with the local consumer forum. Provide all the documentation to support your case.
4.Discuss With Neighbors: If other residents are facing similar issues, consider discussing the matter collectively. A united front may prompt the MC to address the problem more seriously.
5.Alternative Dispute Resolution (ADR): Before taking legal action, you could explore alternative dispute resolution methods, such as mediation or arbitration, if provided for in your society's bylaws.
6.Check Society Bylaws:Review your society's bylaws to understand the dispute resolution mechanisms in place and whether there are any provisions for compensation due to negligence.
7.Local Authorities:In some cases, relevant municipal authorities may intervene if there are serious issues affecting multiple residents. Contacting them might be an option.
Remember, it's crucial to consult with a legal professional to get advice tailored to your specific situation. They can provide guidance based on the local laws and regulations governing housing societies in Bangalore.
Thankyou
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