Parking at owner’s risk in co-operative society
Parking at owner risk in co-operative society: Then WHAT IS THE SIGNIFICANCE OF THE BOARD “PARKING AT OWNER’S RISK. The committee of Co-operative housing Society or RWA places such boards at various location in the multistory buildings to wash their hands of the responsibility of taking care of the car parked in their premises. WE have researched on this point and wish to inform you that it should be taken only a cautionary notice. The society or RWA or any owner of other premises can not wash their hands just placing a board.
Who is having the control of the premises ? – The Society
Who is having the Security deployed at the premises ? The Society
Who has allowed the premises to be used for parking the Car ? The Society
Who has NOT ensured that the car driver has read and accepted the notice ? The Society
Just placing a notice at the locations does not mean that the driver has read, understood and accepted the notice placed by the owner of the premises. Therefore, whether the car is lost due to negligence of the Driver or the Security Guard or a thief a stolen it. The responsibility is of the owner of the premises only. This liability of the owner of the premises is called vicarious liability. Because there is a Master and Servant relation between the owners and the management workers at that particular premises. The person in-charge of the management of the premises are the main persons who are directly responsible.
THE STATUS OF OWNER OF CAR OR DRIVER OF CAR
The owner of the Car or Driver of the Car, who has parked the car in such premises is the Consumer of the premises under the Consumer Protection Act irrespective of the fact whether the Driver has paid for the parking or not paid for the parking
THE STATUS OF MEMBER OF CO-OPERATIVE SOCIETY OR RWA
The owner of the Car has paid money to the Society for the land and also for the construction of the building and therefore he is entitled to use all services of the land, premises and building. Therefore, the member is also a Consumer under the Consumer Protection act.
THE STATUS OF TENANT OF A FLAT OF A MEMBER OF THE SOCIETY
The tenant uses the premises of the member of the society. Therefore, he steps into the shoes of the member for availing all the services of the society. Therefore, the tenant is also the Consumer under the Consumer Protection Act.
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