Police complaint...
Smart Developer
(Querist) 26 September 2011
This query is : Resolved
Its very unfortunate to know the people who are reponsible to protect and safeguard the interest of people are not even willing to help or listen. People are of the belief police is to serve and protect the people from any misdeed and if this is the way they behave then the common man would have to take laws in their own hand.
My vehicle No GJCN-xxx met with an accident on last sunday at Piplod, Surat, 18th September 2011, and the person who was responsible had agreed to pay once i gave her an estimate. On Tuesday i gave her estimate through my security guard to which, she asked the owner to come, so i personally visited her house as she was staying next to my building. When I reached her home she was not there and her husband was so furious when he came to know and started blaming me, he said you file in the court. She came as her husband called her and accepted her blame but her husband was not agreeing on anything. Finally I told her that i will call her next day.
When I called she said half I need to pay and other other she would pay for which i said it was very unwise to say. I asked her I would not have allowed her to go that day and took her to police. She instantly hung up my phone and switched off her mobile.
I then approached Umra police station, and duty person gave me several reasons we will also do the negotiation and see if problem gets resolved and all. We are not getting anything to do this etc etc. But they were ready to file the case, as this was the first time for me to visit police station, I told them I will come again if I wish to file a complaint and left.
I asked my wife to speak if this can be sorted, so my wife also called her up and she was rude with her as well and again hung phone.
In the noon I approached Umra police station with the hope that they can of some help, I was shocked to see the response of the police men who are there to help, rather they said THEY CANT REGISTER THE COMPLAINT OR DO ANYTHING as its been a week old thing.
How do we do the panchnama?
What is the proof that accident happened and bills you showed is correct? you can show 50000 Rs bill etc
Why dont you resolve it yourself, why do we need our help?
Its not our job to get the money from others pocket.
I told them they dont have to do that, but atleast they can raise a complaint, to which neither of them agreed. I asked them if this is the correct practise to which all of them said YES.
One of them later asked me you come in the night shift and meet the person who you had met in the morning if he can file the case.
I am writing this email to you in the hope that some action would be taken.
ajay sethi
(Expert) 26 September 2011
was your car insured/ lodge a claim with insurance company . you ought to have immediatedly lodged a complaint .
if police refusing to lodge complaint send a letter to supritendent of police that no FIR is being lodged . if still no action is taken then file a complaint with magsitrate to direct police to conduct an investigation
Smart Developer
(Querist) 26 September 2011
I totally agree it was my fault and I should have filed a complaint the same day.
The Car is insured and the claim amount is mere 5000/ but as the other party agreed, so i did not file a complaint.
I did send an email to commissioner of police this morning and after that I had raised this question here.
ESTHERPRIYA
(Expert) 26 September 2011
File MCOP case with the help of FIR registered in police station
Smart Developer
(Querist) 26 September 2011
The problem here is the cops are not filing the case. thanks
Guest
(Expert) 26 September 2011
if the Police is not cooperating u,
simply send the same complaint to higher officers including:-
1. SSP/ Commissioner of Police
2. SP City/ Asst. Commissioner of Police
3. SHO of that PS.
send it through "Registered Post" with AD and wait a week and still police will not take any action, just file Petition u/s 156 (3) CrPC in the competent Court.
mahendrakumar
(Expert) 27 September 2011
if your vehicle has a comprehensive insurance,you can claim the damage without even the fir.
in your complaint to the insurance authorities.mention that the damage is own damage and no third party is involved.
Raj Kumar Makkad
(Expert) 27 September 2011
It is better for you to lodge claim with your own insurance company instead of caching a very very long route. Once you become filing your FIR, you thereafter shall have to file another petition under MACT for such meager amount of Rs. 5,000/-. The fee of your lawyer shall be many times more than claimed amount.
Smart Developer
(Querist) 27 September 2011
Thanks all for your help, This is a truly helpful site.
I wrote an email yesterday to commission which he had forwarded to ACP.
This morning when I met commissioner of police he directed me to ACP as he had already received my email.
ACP, ask me to go the police station and call if they are not filing FIR, this time FIR was filed and I could see many RED faces at station.
As Raj said I would have to pay for lawyer. I will either fight my case of look for a public prosecutor.
Anyways it was not about money here, but all about law. I would have taken law on my had but wanted to see if this could be resolved peacefully.
Again thank you all :)
mahendrakumar
(Expert) 28 September 2011
I appreciate the views of Mr.Rajkumar Makkad,evethough it may seem that he had also incorporated so of my views on a different note.
However,when it emanate from a lawyer,it has more strength.
Smart Developer
(Querist) 28 September 2011
Thanks I understand. If i budge this time then then it can be a problem for me in future, if cops can do some sort of compromise then i can go with it...
Smart Developer
(Querist) 29 September 2011
I had filed an FIR on Tuesday and today is Thursday, I still haven't received a copy of my FIR, Is that OK?
When I checked with the cops they say it takes a weeks time
