• Harassment by housing society

Hi,

We live in a hsg society in Mumbai who have time and again created a lot of nuisance around no parking for tenants and other useless rules which we worked around. Today there was an incident when one member's driver threatened me and abused my husband and family in general over some random act on the road this morning.

I complained to the employer of the driver who refused to intervene. We went to the building secretary who was extremely rude and turned us away saying if you feel threatened you know where to go. 

Our landlord is a great person and we don't want to bother him but this is extremely unfair. As law abiding citizens we have the right to not be disturbed and threatened.

What can we do?
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

Hii,, no one can use criminal intimidation or give threats to you,, it doesn't matter if you are a tenant or owner of the Property.. If any such thing is happening file a complaint to the police .. The society may ignore your concerns but the police is the right authority to complain about such incidents

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Off course you do have that right and as long as you're contributing towards maintenance expenses of the housing society, you're entitled to enjoy all the common facilities which the regular members are enjoying.

Contemplate lodging of a fir against the concerned driver and his master

Send a legal notice to the Society.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) file police complaint against driver under section 506 of IPC for criminal intimidation

2) send letter to the secretary of the society pointing out that you have been subject to verbal abuses and threatened by the driver and inspite of complaint made to his employer no action was taken by the employer

3) as far as parking is concerned tenant is only nominal member of society and cannot claim parking rights in society

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The tenant cna not seek much remedy from the society and it is comon.

2.however of any criminal act is done then certainly he can take recourse of law.

3.When the society is not giving any help to the tenants then go to police and lodge a complaint with police about the assault and abuses.

4.once FIR would be registered and police visit the society premises then the society would be cautious and would intervene whenever anyone is disturbed unnecessarily.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Go to the nearest police station to lodge a FIR for the offence of criminal intimidation against the driver under Section 506 IPC,

2. The housing societies in Maharashtra are replete with such nonsense rules. The fact is that when the owner of a flat gives his property on lease the tenant gets substituted in his place in so far as car parking is concerned. To obviate the recurrence of such an incident you may file a suit for permanent injunction against the society to restrain it from obstructing you to park your vehicles and also doing any act that infringes your right to a peaceful existence.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can go ahead and lodge an FIR against the person who has abused you.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The driver or anyone has no rights to threaten you.

If the act is intimidating then you may lodge a police complaint agaisnt the mischief monger.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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