• Neighbors harassment

Hello All, i am not sure if this a relevant platform for my concern. I stay at a rented flat with my family (me, my mother & younger brother & sister). My brother works in an IT firm, and the rent agreement is on his name. My mother has not been keeping well from last month & she recently got discharged from the hospital. The problem is our neighbors keep harassing us over pitty issues. The lady in that flat shouts very loudly, loud enough to get anyone agitated. In a recent unfortunate event, this lady started shouting at my mother (who is still recovering from the illness). We had kept our dustbin outside and the lady had a problem with that. My mother had a mild panic attack at that time and that lady came up to my mother and started cursing us, to which my brother held that womens hand to take her away from my mother. Now the lady claims that my brother tried to assault her. Later on they came with 4-5 outsiders (goons) to beat my brother and they also held my sisters hand and threatened to do harm to her. After a lot of pleading, they left my brother. We went to the police station where the women started crying saying that my brother held her hand very tightly. The police did not listen to us and they gave a warning to my brother. 
We are planning to move to a different place, however it will take some time. The secretary of our society told us that those people have always created problem for previous tenants too and basically everyone in the society is fedup with them (yet no one is ready to say this in the police station). Please advice what action can we take against these people. I am really very angry with their false allegations and they defamed us in the police station stating that we dont come from a good background. The owner of the flat says that these same people have created nuisance before, he wants us to stay in that flat (the contract is not over yet) My mother's health is at risk. Can we file a complaint againts them for harassment/defamation and physical assault by outsider? I beleive in law and order. Please suggest what can be done.

(PS - these annoying neighbors have not paid the society maintenance from 3 years)
Asked 8 years ago in Family Law
Religion: Hindu

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8 Answers

1) your best option is to shift to another flat

2) you should in meantime installCCTv cameras

3) record their verbal abuses

4)in the event your family is again threatened rely upon video footage and audio recordings and file police complaint against them for criminal intimidation under section 506 of IPC

5) if neighbours have not paid society maintenance for 3 years society should sue them to recover its dues

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Brother you can file a police complaint ,, it can be filed by your sister as they tried to threaten her modesty .. But you should also understand that if a case is filed , then it's pursual will not be that easy .. Do consult your family before taking any step

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Neighbour can file false police complaint against your brother for outraging her modesty

2) better option is to install CCTV cameras and don't take any hasty decision

3) if neighbour threatened your sister your sister can file police complaint of criminal intimidation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If any ruckus happens the next time, you inform the police first. Show them all the recordings, videos you have with you to the police, depicting that it's you but that women and her family who indulges in violence and hurls abuses and provokes you so that there is breach of peace. Ask the police to lodge a FIR against the lady and give you a copy of the same. Incase they do not and rather make an attempt to mediate the issue, write to the SSP and request him to take an action in the matter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Shifting should not be an option also, you must install a CCTV camera immediately and if they still create some problem you should immediately rush to the police station to lodge a complaint.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The disturbances of such arrogant neighbors cannot be avoided.

You saw the fate of police complaint which id not yield any fruitful result.

If you still want to go legally to this then you can issued a legal notice to them instructing them to refrain from indulging in such activities which causes you harm and damages.

If she is not listening then you may approach court seeking remedy on this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Also please let me know if they can do a furthur harm to my brother with the false allegation? Sometimes i feel that i should just let it go, but please try to understand my anger, this incidence has left a scar in our mind, all of us are in severe depression, is there no winning in this situation? We just need a little peace of mind and shifting immediately is not an option. In they do this again, what should be our first step?

My sister is ready to a file a complaint, what proof needs to be submitted? There were a lot of people who saw that man threatening my sister.

Next time when they indulge in such activities you may also arrange some goondas to tackle them and you also can try for filing a complaint with the SP office directly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You should install CCTVs outside the gate of your house to record what this lady does. Without evidence there is nothing you can do,

2. Your sister should file a criminal complaint under 200 crpc in the court for the commission of the offence of outraging the modesty of a woman.

3. IN the longer run it will be better for you to relocate,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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