• Threat from neighbor

We stay in first floor in a flat. My neighbor and me shared the expenditure for renovating the staircase in 2013. We have settled all accounts. In the March 2017 he gives me a slip and say that I have to pay balance. amount of INR 7000. I asked him to put his signature and he refused. I received the slip and in three discussion i clearly stated that certain items we do not agree as such payments are not brought to our notice. 
Every Wednesday at night he would come and shout, threaten, abuse me, ring calling bell repeatedly. At one point I had called police.
Even now he would keep his scooter on the common path causing obstruction to the common passage.
He is bent upon creating inconvenience, nuisance, threat to us.
He has a scooter which has engine oil and petrol leaks. I told him several times to rectify as it is a fire hazard. Only after the police complaint things are better.
I am a senior citizen and had heart attack. I am peace loving person. I have a scientist for 30 years and 15 years teaching University students in biotechnology. I have never ever harmed anybody in my life. I want to live and let others live in peace.

Please guide
Asked 8 years ago in Constitutional Law

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8 Answers

you should file an application before the SDM under section 145 of crpc. this is nuisance and it may likely to escalate the matter so immediate intervention of law in necessary. section 145 empowers the SDM to pass an order to prevent such type of nuisance. this is very swift procedure and you'll get immediate relief.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

however you can file civil suit but its procedure is too lengthy and may cay lot of harassment to you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The next time he creates a ruckus, you may dial 100 and call the police. Ask them to lodge a FIR against your neighbor. Incase they don't, write to the SSP and request him to lodge a FIR.

You could even send a legal notice to your neighbor asking him to forthwith restrain from their obnoxious behavior, else you'll be constrained to take a legal recourse against them.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File police complaint of criminal intimidation under section 506 of IPC against your neighbour

2) record his threats and abuses

3) it would help you in making out a case against your neighbour

Ajay Sethi
Advocate, Mumbai
99766 Answers
8145 Consultations

hi,you can lodge a police complaint regarding his harassment and threatning over phone ..you can also complaint to the association regarding the scooter parking and get the matter saughted

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. File a fresh police complaint against him under Section 323 and 506 IPC for criminal intimidation.

2. If police complaint also does not mend him then a civil suit for injunction can be filed to restrain him from disturbing your right to peaceful enjoyment of your property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The nuisance of such character less Neighbors often create tension and agony.

You have done a right thing by lodging complaint with police.

If he still continues to wag his tail you may vigorously follow up the complaint with police.

T Kalaiselvan
Advocate, Vellore
89967 Answers
2490 Consultations

If you have such a threat perception then it is advised that you lodge a complaint in the nearest police station for the issues that you are facing.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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