• What can we do against extortion

I have villa/house at kolkata which I am going to sell. But in my locality there is a problem. Whenever any party (seller) leaves his house- 3 local clubs forms a syndicate and demands 30% of sold value else they won't let us to move out. Also they would inflict many forms of misery on us.When the police is called- they say to do adjustment means we have to pay the money.It is very much evident that the police and local Councillor is involved. In this situation how can we save our money? We are exchanging our house with two flats+ Rs 10 lakhs cash which eventually will deplete for tax+stamp duty+registration. But they are saying - we have cash or not, we have to give atleast 25 lakhs. In this situation how can my senior citizen father give 25 lakhs out of his meagre pension? Pl. help.
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

1. unfortunately this syndicate raj is the feature of this new dispensation in Bengal for which precious little is done by the law maker here.

2. however fortunately courts are here which can always be brought to play the role of a savour.

3. SO first lodge complaint agaisnt these persons mentioning their names in the complaint and if the FIR is not registered then go to Magistrate's court.

4. If even after the Magistrate's order the police does nothing then you can approach the high court which is aware of these types of rampant nuisances nowadays.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1) record their threats

2) file police complaint against them for extortion under section 384 of IPC

3)384. Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

4) if police refuse to lodge complaint file complaint before magistrate under section 156(3) cr pc to drect police to investigate and submit report

5) refuse to pay Rs 25 lakhs . issue in local media

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

1. Lodge a police complaint against those people immediately after collecting irrefutable evidence of the said demand for extortion by audio/video recording the said demands.

2. send copy of the complaint to the concerned DC/SP or police and also the Police commissioner or DG as the case may be.

3. If police refuses to act, file a Writ petition against police inaction praying for relief.

4. You shall have to stand firmly against the said illegal extortion racket to get justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

you should file a case before the high court for protection order against the extortion from local Councillor completion of sale under supervision of police. protection is a fundamental right under article 21 of the constitution of india. this demand is against the law. you have right to sell it and no need to pay 30% to mediator. this is loot and an offence under ipc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1) your father can file suit and seek injunction restraining the defendants from in any manner obstructing his sale of the house

2) if your father is threatened then he can call senior citizen helpline for assistance

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

1. You can lodge complaint against some crime or offence committed on you and not on presumed act of others.

2. In the instant case, they have already demanded share of your sale proceeds which is nothing but extortion and is illegal.

3. You should lodge the police complaint about the said illegal extortion preferably with evidence (if you can collect) under copy to the DC/SP etc as advised in my earlier post. You should also add to the complaint that you anticipate that you shall be harmed if you sell off your property and do not pay them the demanded share of the sale proceed.

4. If such complaint is recorded with police seeking remedies, reliefs and protection, certainly local police station is expected to protect your parents.

5. If W.P is filed by your father before the High Court, then police protection can be sought from the court who will direct the police to provide adequate protection to you against those extortionists.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

This menace is prevalent in many parts of the country, no doubt this lawlessness continues on a rampant under the patronage of the local police and local politicians.

However, it will go unnoticed and there will be no respite for innocent victims like your father if nobody takes any initiation on such social evils.

A complaint on such illegal extortion may be lodged with the local police which may be sent by registered post and simultaneously escalate the complaint with the higher police officer of the city/district.

If there is no action or response even from the top police, then you may file a petition before judicial magistrate court under section 156(3) cr.p.c seeking direction to the local police to initiate proper legal action agaisnt the culprits who demand the money illegally.

This action will certainly evoke some response and respite.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

Let give you some more information. They still have not threatened us, which they will do when we vacate our house.Then they will not allow us to move out till we provide the money! If it happens we will not get any time to move to magistrate court or launch FIR. Thats why I am asking is there any clause or article which will give us protection in advance!Look Sir most of the times I am out of home because of job, in that case my senior citizen father have to handle everything.In that case it is not possible for him to record the threat!

Under the given circumstances you can take the assistance of a trust worthy and genuine advocate who would stand by you under all situations.

You have no other options than to lodge a complaint with the police in advance if even once somebody has demanded the money.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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