Legal Question in Civil Litigation in India

Compensation from co-op housing society for damages to Car
The common wall between our society and adjacent society building was in dilapidated condition. The cars are parked along this wall in the compound of our building. Our society proposed to reconstruct the wall by sharing the expenses on 50:50 basis. However adjacent society refused cooperate for this proposal on the basis of redevelopment of their building. Mean time the wall collapsed and my car got damaged. I had to spent Rs. 48,000/= to repair the damages 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 requested for compensation from our society as well as adjacent society. The adjacent society has paid me Rs. 5000/= towards the compensation. However our society has refused to pay me any compensation. My repeated letters requesting for compensation are remaining unasnwered. Please advice me how I can proceed on legal basis in this matter.

Asked on 6/14/09, 1:51 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Compensation from co-op housing society for damages to Car

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Answered on 6/15/09, 1:39 am

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Pranav Desai PD Legal & Associates

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Re: Compensation from co-op housing society for damages to Car

Approach a civil court for damages.

Answered on 6/16/09, 7:38 am

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Praveen Hariharan Veritae Legal

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Re: Compensation from co-op housing society for damages to 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.

Answered on 6/14/09, 3:57 am

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