• My parked car was completely damaged by another car

Hi my car which was parked in front of my house was found damaged in the morning, my maid noticed it while she arrived to clean our house at 6:00 AM on 23rd July 2018, i had parked my car the previous day on 22nd July 2018 at 10:30 PM. The car was parked away from the road and above the pavement at the entrance of our house. We noticed that pieces of the number plate of the car which hit my car had broken and fallen behind my car. The numbers "01 AM 34" were the remains. I live in Chennai, Tamil Nadu. I complained about this incident immediately to the police officers who were in rounds at 6:00 AM, they came and checked the damaged vehicle told us to keep the broken bits of the number plate as evidence and instructed me to complaint about this to the investigation unit in J3 police station at guindy. At the guindy station they instructed me to file a CSR with the exact scenario that i have mentioned above. Since the numbers that were found in the remains of the number plate that i found was not enough they fled the CSR as an "unknown" vehicle damaged my car. I registered this CSR immediately around 8:30 AM the same day the incident happened. The same day afternoon i checked with the management of the building opposite to my house to see if their CCTV had recorded any video of the incident. While checking their CCTV footage we noticed the time and the vehicle that crashed my car in the footage. We found out that my car was damaged at 04:07 AM on 23rd by a white color scorpio car. Later i used the broken bits of the numebr plate with the numbers "AM 01 43" and filled out the alphabets TN before it as i knew it would definitely be a TN registered vehicle. So with the number "TN 01 AM 34" i filled out the remaining 100 combination of numbers and searched for vehicle descriptions from the government website parivahan.com and found out that there was only one scorpio among those 100 vehicle numbers. I found out the vehicle number is "TN 01 AM 3443" i have the footage of the vehicle entering the street, the vehicle damaging my car and the vehicle exiting my street in damaged condition, i also have the damaged number plate of the car. How do i take up this case to the police and make then change the CSR to FIR. how do i file a complaint against the guy who damaged my vehicle.
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

This is my response to you:

1. Ask the police to find the owner of the vehicle;

2. After that, file a fresh FIR along with the video footage and your statement;

3. Then file a complaint in the motor accident tribunal against the person who owns the car;

4. Ask for compensation to be paid to you;

5. Most probably the other side will settle the matter with you, so that you both can save on litigation expenses.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) send letter to police station furnishing details of car which damaged your car

2) mention that you checked the CCTV footage of neighbouring building and that car had entered the street and damaged your vehicle at 4.07 am in morning

3) if possible forward the CCTV footage to police station

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

did you got the address of the accused who damage your car?

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Let the police take the CCTV footage as investigation evidence and you may claim the insurance for the repair.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Sir provide the copy of the video footage and ask police to register based on daily report in CSR and the video footage the police shall file a FIR against the vehicle owner from the record.

Further the MACT claim can be filed for teh compensation for the damage to the vechile and the property if any.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File a complaint at the nearest police station under sections 184 & 187 r/w 134 of the Motor Vehicles Act.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Dear Client,

It`s good that you have done such exercise for your cause but it was all have to be done by police, They are just evading there duty, complain to Area SP for not registering FIR or file court complain. You have almost traced the offending vehicle.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You may follow it up with the police by providing the CC TV footage and also the information you gathered through RTO website.

Give an additional complaint with the details and insist the police to register FIR.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

This is in further response to you:

1. The police have to register the FIR as per section 154 of crpc;

2. If they do not take down your statement then you have to complaint to their senior;

3. Even then if it is not being noted down, then you can approach the high court and file a criminal writ petition;

4. Then the police have to file an FIR anyhow;

5. Make sure you engage a lawyer to do work on your behalf;

6. It is better if you first approach the owner and take the compensation through him.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

So, why you are bothering, file court complain than police will have no choice but to find out the owner and seize the care.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

Send complaint to police commissioner against police in action

2) file RTI application as to what action has been taken on your complaint

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

You don't worry about it.

You may approach the city commissioner of police with a similar complaint.

If that effort also fails you may file a Petition under section156(3) cr.p.c for a direction to concerned police for proper legal action on your complaint.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

Sir file a writ petition in the high court for direction for police to file an FIR. On order the police has to register the FIR and has to take the steps as high court can call for record of investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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