Vile Parle Society Committee Liable For Car Damage After Ignoring Tree Trimming Request
A housing society's managing committee can be held personally liable for property damage after a tree branch fell and damaged a resident's parked car in Vile Parle, according to a legal clarification by Sharmila Ranade, a legal expert associated with the Mumbai Grahak Panchayat.
The resident, Meeta Ganoo, suffered damage to her car's roof and side mirror when the branch collapsed onto her vehicle. Prior to the incident, Ganoo had submitted a written request to the society's managing committee asking them to trim the trees ahead of the monsoon season. However, no action was taken by the committee, and Ganoo's insurance policy did not cover the resulting loss.
According to Ranade, the managing committee is legally obligated to maintain the society premises under Bye-law 155. This duty includes trimming dangerous tree branches before the monsoon to ensure the safety of all residents.
Because the committee failed to act on the written warning, Ranade clarified that the responsibility for the damage lies with the committee members. She stated that the compensation for the repairs should be recovered directly from the responsible committee members, rather than from the common housing society funds.
The legal framework further restricts residents from taking matters into their own hands. Under society Bye-law 161, individual members are strictly prohibited from cutting or trimming trees within the society compound themselves. This rule leaves residents entirely dependent on the managing committee to address potential hazards.
To resolve the dispute, Ganoo was advised that she could file a formal complaint against the managing committee for neglecting its duties, provided the society has an advisory complaints committee.
If the committee refuses to compensate for the damaged roof and mirror, the resident can raise the issue before the society's general body. The general body holds the authority to review the claim and initiate action against the office bearers responsible for the negligence.
