Legal Question in Civil Litigation in India
Compensation from Housing Society for Damage to My Car
The common wall between our building and adjacent society building was in dilapidated condition. The cars are parked along this wall in our building compound due to paucity of parking space. Our society proposed to reconstruct the wall by sharing the expenses on 50:50 basis.
However adjacent society did not agree with the proposal on the ground that their building was due for revevelopment and builder will construct new wall at his expenses.
Mean time before the redevelopment work was taken up the wall collapsed causing severe damage to my car.
I had to spend Rs. 48,000/= to repair damges to my car. I got insurance coverage to the extent of Rs. 38,000/=. Balance Rs. 10,000/= I had to shell out from my pocket.
I put claim of Rs. 10,000/= on my society as well as adjacent society on 50:50 basis. The adjacent society agreed and paid me Rs. 5,000/= as their share. However our society has not paid me any compensation.
My written communication in this regard to our society has remained unanswered over last 2 months. Please advice me how I can proceed in this matter on legal basis.
4 Answers from Attorneys
Re: Compensation from Housing Society for Damage to My Car
you can send legal notice thru a lawyer and proceed
Re: Compensation from Housing Society for Damage to My Car
Already answered.
Re: Compensation from Housing Society for Damage to My Car
Though you have posted a very detailed query, the crucial date on which you sent the written communication is not mentioned. However had you sent the communication in written form to the societies before the wall collapsed, you have a good case. Even if the letter was sent after that, you may file a civil suit for damages. You need not confine your claim to Rs.10000/- which is the balance amount after your insurance claim. You may claim the entire amount from both the societies. Before that approach a lawyer and cause to send a legal notice requiring the societies to compensate you for the damages caused within a time frame fixed in the notice itself. If the society refuses to pay or does not respond to the notice, then you may approach teh civil court.
Re: Compensation from Housing Society for Damage to My Car
You may consider approaching the RCS or the Consumer court for appropriate relief.
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