Damage done to car
Sachin Singh
(Querist) 19 October 2016
This query is : Resolved
Hello,
I bought a brand new car on 4th Sep 2016.
Since then I have been facing issues with my car as someone is trying to foul play with the same.
I have had people parking their bikes at an inch distance from my car rear bumper & even right in front of my car front end (which I had shown to the society watchman) and verbally discussed it with some managing committee members but to no avail.
Once I noticed my car bonnet was full of scratches so instead of reporting it to the managing committee I fixed it by myself and had to pay INR 2000/-.
Recently on 11th Oct 2016 Dusshera I wiped my car & thereafter visited a temple with my family by local train leaving my car in the society's covered park (where I park regularly) and after couple of hours when I cam back to witness the car was scratched again & also an alphabet "S" was written on the bonnet. I called up the secretary immediately and expressed my concern and have him also take a look at it.
I wrote a letter to the managing committee explaining the scenario and ask them to reimburse and assure such an instance is not repeated in future not only for my car but for any member in the society.
I also gave them 2 other options
1) I should be allowed to install CCTV camera in the car park and electricity supply would be taken from my home and I shall start/stop recording when my car is parked in the society
2) Or else I file a police complaint (NC) to safeguard my property
I received a written response from the managing committee stating.
1) Personal enmity if any is my personal lookout & society will not interfere (although I do not recollect me having any enemies)
2) Society does not permit me to install CCTV as I do not own the parking
3) I am free to take legal steps
Request here is to kindly guide what should I take as next steps to safeguard my property (car) from foul play.
Also request is to provide citation /judgement on the above matter which is in favour of the member So citation could help me to solve this problem.
It would be highly appreciate if I can get proper guidance at the earliest.
Best Regards,
Sachin
Rajendra K Goyal
(Expert) 19 October 2016
Whether you have been allotted any parking by the society?
Whether parking was allotted by the builder or the society.
Whether any space is available after allotment?
In reference to your two questions:
1) You should ask society to install CCTV for the safeguard of property.
2) You may file police complaint.
Rajendra K Goyal
(Expert) 19 October 2016
You are paying maintenance, you have right that your property should be safeguarded.
Ask society accordingly.
Ask the guard to look into the matter.
Discuss with local lawyer.
Kuummaar AS
(Expert) 19 October 2016
Sachin Singh,
Dear, somebody is definitely playing a mischief with you in case other people in the society are not facing such problem. But, it would be better, if you take into confidence people living around and also avoid any confrontation with the Management Committee.
Handling the matter practically will be more helpful rather than taking any legal action.
P. Venu
(Expert) 20 October 2016
Yes, first of all try to sort out the matter tactfully. Any precipitative action has its limitation when the subject matter involved is a fragile but expensive object.
Rajendra K Goyal
(Expert) 20 October 2016
CAN BE BENEFITED FROM THE ADVICE FROM EXPERT Kumar AS. AND P. Venu.
M V Gupta
(Expert) 22 October 2016
Police complaint is of no use. In a similar harassment faced by me in my society I took the help of the children playing in the premises and also asked the Watchman to keep watch and report to me the mischief maker. Finally I got information from the children of the boy who was responsible for the mischief.I spoke to the parents and asked them to ensure that their child does not indulge in the mischief. This solved the problem.
Rajendra K Goyal
(Expert) 22 October 2016
Practical tested solution suggested by the expert M V Gupta, can proceed and be benefited.
Guest
(Expert) 22 October 2016
Mr. Sachin Singh,
Your request, " to provide citation /judgement on the above matter which is in favour of the member So citation could help me to solve this problem," is quite strange and gives an inkling, as if yours is not a real problem, but a hypothetical academic problem that is seemed to have been enhanced to give the shape of a real problem!
By the way, can you elaborate, how scratching to your car would end, if you get citations/ judgments?
More so, if you want to fight the case legally, why you expect that the members of LCI should do homework for your own paid lawyer for the case?
Also, clarify how the citations/ judgments would help you win the case if you don't gather some solid proof against the culprit, when you don't actually know who is that fellow, who damages your car?
However, if there is any truth in your description, you may better resort to sending a legal notice to the Secretary of the society explaining the past events to make sure that the damage is done any more by any one. The plea of personal enmity, if taken by the MC is not tenable. They necessarily have to tighten the security arrangements, which is their irrefutable responsibility.
Rajendra K Goyal
(Expert) 22 October 2016
cITATION / Judgment / reference cases / ruling / decided cases not provided / supplied in this section.
