• Harassment from neighbour living in above flat

Dear all,

I am writing from Delhi. I live with my family which includes my parents , my wife and my two children , Boy-10 yrs, Daughter-5 yrs. I have a tenant living above me with his wife and 2 kids. He is living here since last 4-5 years. I had a verbal confrontation with him couple of years back regarding him thumping dumb bells on his floor which used to make deafening sound below. We went to Police Station and filed an application, which he also did. Nothing, happened then further, though he stopped his action.
Since last 7-8 months he regularly come drunk to his flat and abuses our family. At first he used to say to his wife that he makes Blue Film of me and my wife. We got scared and checked all places in our house to check whether he has installed any camera or anything. But, nothing of that sort came out. He kept saying like that for 1-2 months, including demeaning and vulgar sexual words about my wife.We complained it to his land lord. His land lord came to him and gave him notice to vacate the flat within a month, but verbally and no written notice. When he came to know that we have complained to his tenant he started saying that he will kidnap my children and sell my daughter in red light area. After a months notice he did not vacate the house. Instead he started saying more things about our family. Now he says that no body can make me vacate this house. 
In between all this we had filed 3-4 written complaints to our Police Station. But the beat constable , SHO and even ACP could not do anything. The tenants says that he has bribed the Police and they will do nothing. 
Now since last month he is saying in his house, that he will jump into our balcony and kill us. He is also saying that he will throw stones at my elderly mother whenever she steps put of her house. My mother who is 75 yrs cancer patient is terrfied. He says that landlord cannot make him vacate the flat as they have done no legal paper work, Please, suggest what to do. I have spoken to an Advocate also. He said that nothing can be done in this regard as landlord is not taking initiative and there is not law on person saying anything. Please help. Our whole family is terrified of him
Asked 3 years ago in Criminal Law
Religion: Hindu

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21 Answers

You can move an application under sec 156(3) before the magistrate seeking free and fair investigation in this case. A magistrate has discretion to direct the police officials to register an FIR.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Client,

You have been wrongly advised, complain to police commissioner of inaction of police on your complain. Instead if your wife will FIR for molestation and abusing, No bail. File criminal u/s 354, 506, 509 IPC. call the police when he comes drunk and hail abuses and threat.

Also, buy some spy camera, record the evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Sir please lodge a private complaint under section 200 Crpc with local magistrate requesting to direct the police to investigate the matter and lodge complaint against him. Secondly you can ask the Secretary of your apartment association to issue notice to the owner and tenant why no action should be taken against them for misbehavior with other flat owners.

Also send him legal notice that you will initiate criminal and civil defamation against him and claim huge damages.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) Ask your wife to file case against her under below act accordingly to your wish.

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for women:

Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention of trafficking for commercial sexual exploitation. In other words, it prevents trafficking in women and girls for the purpose of prostitution as an organised means of living.

Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner.

Indian Penal Code (1860) contains provisions to protect Indian women from dowry death, rape, kidnapping, cruelty and other offences.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

Sir collect the evidences to this effect and then you all family members file a private complaint directly with magistrate along with all the evidences of him abusing your family wife under section 156(3) read with 190 and 200 Crpc for offence of threatening , abuse intimidation outraging modesty of women, the magistrate shall order investigation in the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Please file a police complaint. For vacating the house the landlord has to file the case.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Sir to evict him first send the tenant thereafter pass a resolution by calling general body meeting of society and restrict him or his family from entering the society premises. Also if all the other members are your favour jointly lodge a complain from society to the commissioner of police regarding inaction even after lodging police complaint.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See for evicting him a eviction suit has to be filed by landlord what he is doing to you is a criminal offence you can complaint of same but the tenancy is civil law and land lord has only right to file a eviction suit

Once you file complaint may be he is ready to settle that he will leave society if you with draw the complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

1) If your society is registered than you can put your points in front of Secretary and chairman. And ask them to talk with owner of the flat and vacate the flat earliest and reassign to new member.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

File complaint in women cell through wife if he doesn't stop file complaint directly to magistrate.

Abhishek Bhatnagar
Advocate, Lucknow
16 Answers

Not rated

hello,

first of all, he is a tenant and not the owner of the flat. he has become a nuisance to you and the society at large and hence immediately lodge an FIR stating all the aforementioned facts which you have narrated here along with the residents of your society and if they are not willing, then you along with your family should lodge an FIR. if the police hesitate, file a complaint case and the magistrate will take care. I am not able to understand as to how the police couldn't help you, anyways, do this immediately and seek protection from the police. the name and address of the landlord can be obtained through the municipal office/ DDA. an application to the SDM of the area would help you in removing this public nuisance

regards

regards

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1) your wife should record his threats

2) on basis of audio recordings file police complaint against him under section 504, 506 ,509 of IPC

3) install CCTV cameras in the house

4) landlord has to file eviction suit against tenant

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

File criminal complaint against him as mentioned herein above . If Police refuse to register complaint file complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

2) he would agree for compromise . you can agree for settlement if he vacates the flat

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

If you believe that after reasonable time, police has not investigated your complaint, you can send complaint to superior officer under section 154(3) of Crpc or Magistrate under section 156(3) of Crpc to Magistrate.

Thus, a Magistrate who on receipt of a complaint,

may order an investigation under Section 156(3) and may register FIR against your neighbour.

4. you can also file direct complaint under section 202 of Crpc to the court.

You are advised to go for criminal proceedings, rather than sending notices to any person, as criminal intimidation is a serious offence.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Dear Sir,

You may follow the below given suggestions.

How to File a Harassment Complaint Against a Neighbour

Is Calling Police an Option?

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

• Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

• Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

2. You can file suit for declaration and mandatory injunction in a civil court as well.

3. You can claim damages in the same suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Firstly, now I am going to suggest you something which may not have been suggested by anyone of Us till now.

Secondly, though you have an option to approach the police for the same but it may not be so fruitful.

Thirdly, you people can file a PIL also before the Delhi High Court seeking directions for the people who are clear nuisance for the public, and needed immediate vipe out of the society.

And then can use the same for your purposes,

Rest you can have a detail talk for further procedure to get it complianced.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Ask your wife to give a written complaint to CAW cell and every time he abuses try to record it and call 100 no. and get tell the police and always take your reference no. of complaint. If no action taken take all the previous complaint and meet the area SP/ASP.

Mohit Chugh
Advocate, New Delhi
11 Answers

Not rated

Complaint should be with relevant sections of law.

Mohit Chugh
Advocate, New Delhi
11 Answers

Not rated

If the police is not effective and not cooperating then you can file a petition under section156(3) cr.p.c before concerned judicial magistrate seeking its direction to the concerned police to initiate proper legal action on the complaint lodged by you in this regard.

It is the problem of his landlord to evict him, you cannot do anything on it.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

If there is a registered association under all these flats come under then the association can initiate legal action based on the complaint.

If there's no association then all the affected owners or tenants of the premises may give a joint complaint against this nuisance to the top police officer of your city.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can record all the said things and file detailed FIR against him. If lower officers are not taking action you can file Complaint to higher authorities.

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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