Vehicle damage within society premises.

[Coolstar3845]

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Coolstar3845
PARTICIPANT
April 22, 2025 at 2:40 am

I am a resident of Kamothe, Navi Mumbai. My father owns the flat where we currently reside, and the car involved is registered in my name.

On 20th April, while driving my vehicle, I noticed a significant crack on the front windshield. I had not used the vehicle for 15 days prior to this. The watchman responsible for cleaning the car—who joined duty on 11th April (as these personnel are rotated regularly)—informed me that he had noticed the crack on 12th April while cleaning the vehicle, but unfortunately, he failed to notify me. This indicates that the damage occurred on or before 11th April. It appears that an object was thrown from an upper floor, making it unlikely that CCTV footage will be helpful.

This is not the first such incident. A couple of years ago, a piece of glass fell on my car and completely shattered the windshield. At that time, the housing society did not take any action, and I had to file an insurance claim to cover the damages.

I would like to understand my legal options in this matter. As this is the second such incident, I am seeking accountability from the housing society and hope to recover damages for the repeated harm caused. Your guidance on the next steps would be appreciated.

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[Simranbear769]

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Simranbear769
PARTICIPANT
April 22, 2025 at 4:03 am

Lawyer here

I don’t think you can recover damages from the society. As you mentioned that something dropped on your windshield, there is good chance someone threw it from.upper floor.

For society to be responsible you need to makeout negligence on their part. How can you straight away make them to pay for trophies?

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[Coolstar3845]

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Coolstar3845
OP
April 22, 2025 at 4:34 am

Trophies?

Isn’t the wellbeing and security of the society members and their belongings the responsibility of housing society. They even charge parking fees on top of monthly maintenance.

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[Simranbear769]

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Simranbear769
PARTICIPANT
April 22, 2025 at 4:37 am

Autocorrect sorry…

Yes the well being and maintenance is duty of the society . But if the object was thrown by some member then society won’t be responsible.

Now if some part of building broke and fell off then the society will be liable or you can ask society to investigate upon this and check all CCtv and see who threw the object

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