The Mumbai Suburban District Consumer Disputes Redressal Forum has asked an Oshiwara housing society to pay member Rs1.45 lakh for damaged car.
Nikhil Gupta of Evershine Green Cooperative Housing Society (CHS), Oshiwara, is a relieved man.
The Mumbai Suburban District Consumer Disputes Redressal Forum has ordered the CHS not just to reimburse Rs1,15,761 Gupta spent for repairing his car after it was crushed under the cascade parking machinery, but also to pay an additional sum of Rs25,000 for the mental trauma he underwent following the incident.
According to Gupta’s complaint in the forum, the society offered the facility of cascade parking to its members who paid a monthly amount of Rs1,800 for the service.
However, Gupta had brought up the issue of the society not taking proper care of the facility.
When he asked for a maintenance report from the annual maintenance contractor it was not furnished.
Gupta made continuous efforts to bring to the society’s notice that the system had inherent defects and his apprehensions turned out to be true when it collapsed and crushed his car on September 28, 2009.
During several meetings following the incident, Gupta demanded the repairing charges to be reimbursed, but in vain.
Although the society said that they would consult a lawyer and decide if the money could be paid, it never got back to Gupta. Finally, he approached the forum on July 7, 2010.
Gupta cited in his complaint that his car got so badly damaged that it never came back to the original form even after repairs and he had to eventually sell it at a cheaper price bearing a loss of Rs96,752.
Not too pleased with the absence of any representative from the CHS in spite of a notice, president of the forum JL Despande and member Deepa Bidnurkar, while passing an ex-parte order, observed that since a monthly fees was being collected for parking, the car’s care was the society’s responsibility and they were bound to compensate for the loss due to their indifference.
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