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Mukund   10 April 2022

Society in wakad pimpri chinchwad notice for recovery

Hello Legal experts,

I am staying in Cooperative housing society in Wakad, PCMC, Pune.

Almost 2 montha ago, there was an incident among kids playing in society ground and parents of other kid  souted and abused in bad language my kid. Again when my kids came home same member called on intercom and started abusing kids and family, I kept quite thinking this is kids matter and let them resolve it. 

 

After 30 min or so same member came to my building and floor and knowcked door and again stared shouting, abusing and threatning my knowledge ds and family.I again kapt quite but when the matter gone out of hand there was physical fight with him in front of my door (just 2 foot away from my door) and due to which one of the lift door got damage. 

Society after 1month sent me penalty notice of Rs 5000/- to pay for damage. I replied to society that I am and family did not leave my floor or flat and did not ask him to come, he forcefully came to my floor and started shouting, threatning, abusing kids and family. 

This person who is also society member, came to my floor without my permission with bad intensions (abusing, fighting etc) , this happened in front of security guard but he was just standing and did not call any other security guard or called manager or any other society committee member.

I denied all chares on me and denied to pay.....society again sent notice today asking same.

1) What legal options are with me ,not to pay penalty?

2) This man entered from other building to my building and floor and without any permission of mine, no guard stopped him.

3) I am paying all maintenance charges regularly and no due on me, what action or help I have against society for securty not performing duty?

Please advice what legal options I have not to pay penalty? Sir/madam, money is not a problem but even if I pay Rs 1, I will be culprit of all incident and as mention Ned I did not leave my floor or flat , every thing happened in front of my flat. Please note, other person did not receive any penalty notice.

 

Mukund

 

 



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 April 2022

Have you got CCTV in the area where the incident happened?  Were there eye-witnesses to the incident?  I presume that there was no CCTV and that there were no eye-witnesses to the incident other than the other person, who qurrelled with you.. Your quarrel with the other person has nothing to do for any claim for damage to the lift. Compensation for damage to the lift can be claimed from you only if due to your deliberate or inadvertent actiom the lift was damaged. You flatly deny that the damage to the lift was due any action of yours.Let them prove in a court of law that the lift was damaged due to your actions.


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