Mr.Swapnil Mohokar
4 years ago
My Question is related to Co-operative housing Society.
If any society member ask for Terrace for family function, in that case can committee deny it? and if allowed and some accident occurs than who will be responsible for the same. Committee Members or the Society member who has requested for the use.
A.Dear Sir,
It all depends upon nature of accident and circumstances leading to accident.
Thanks.
It all depends upon nature of accident and circumstances leading to accident.
Thanks.
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Shreyash Mohta
Responded 4 years ago
A.The committee has all the rights to deny then same. However, the committee must have proper reasons for such denial.
If in case such a function is permitted then it becomes the responsibility to provide security to the terrace as equal to the number of people. Ie. If there are 50 people and it is well accepted that 5 guards will be enough then you must provide 5 guards. The committee is responsible for providing security and it is the responsibility of the security to ensure the safety. In case there is any mishap and the onus lies on the security then the committee cannot take the plea that they had provided security and that it should be the securities responsibility. The committee shall be vicariously liable for the acts of the security.
Thanks.
Adv. Shreyash Mohta
If in case such a function is permitted then it becomes the responsibility to provide security to the terrace as equal to the number of people. Ie. If there are 50 people and it is well accepted that 5 guards will be enough then you must provide 5 guards. The committee is responsible for providing security and it is the responsibility of the security to ensure the safety. In case there is any mishap and the onus lies on the security then the committee cannot take the plea that they had provided security and that it should be the securities responsibility. The committee shall be vicariously liable for the acts of the security.
Thanks.
Adv. Shreyash Mohta
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Sharanagouda S Patil
Responded 4 years ago
A.Committee can held responsible for any accident occurs.
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