• Getting harassed by MC Member of AWHO, Bangalore

I live in a big society (AWHO) having 1500 familiies in Whitefield, bangalore. This society is built for Army personell,but most of the non army people stay there as tenants .There have been number of cases happened for harassed with tenants as mc ( army people) feel , we are civilians and trat all tenants very badly. There is one lady (not even mc member- just a volunteer) named- anuja ramesh, she keep threatning tenants that i will throw you out from society , and harass with very unpleasant words. Same thing happened to me, when diapers of baby was not wrapped in newspaper inspite it was wrapped in polythene. She called me and started abusing me. I complaint, and struggled a lot, but inspite of that no action taken against mc. Now she keep harassing me by other means. I feel like doing suicide rather than staying here. Our security is stucked( 1 lac rs) .Matter is with every tenant
Asked 1 year ago in Civil Law from Bangalore, Karnataka

File police complaint against the lady for criminal intimidation under section 506 of IPC

It is better other tenants join hands and approach local police station against said member

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

Make an association of effected persons and then file complain, It`s not easy to suppress voice crowd, give written complain and get receiving it.

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

You can send legal notice to member if you so desire

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

Hello,

Yes you can definitely send them a legal notice and thereafter you can file a suit in the civil court in order to claim your amount and also damages for the mental harassment.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

Also you may approach the police station and lodge the complaint against them

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

Send a legal notice immediately and seek refund of your security deposit. Look for other accommodation once your security deposit is refunded.

Take help of the female powerline of Bengaluru Police incase you are verbally or physically abused at any time.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Yes, you can take recourse to both police assistance and legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

u can give police complaint and can file a suit for injunction not to interfere with your possession

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

1. File police complaint on the grounds of harassment.

2. If police refuse to file FIR then approach a lawyer to take up your complaint to court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Please do not contemplate suicide for such socio-domestic issues. If the lady is causing intolerable pain a complaint can be lodged before the jurisdictional police in Whitefield. If the police are unwilling to register a complaint a PCR (private complaint) can be filed before the jurisdictional magistrate court. However the issue needs additional consultation before providing a proper solution.

Nithyananda SG
Advocate, Bengaluru
5 Answers

Not rated

Dear Sir/Madam,

Never think of suicide. The world is very big no person has a right to harass the other neither legally or morally. So also there are persons who can teach a lesson to any person whose profession/habit/business to harass the next door person. Share more details and I can issue a legal notice to them and if police not co-operative there are other agencies which can take the stock of such worsen situation. To say,

the law on nuisance is as follows:

=========================================================================================

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
4694 Answers
134 Consultations

5.0 on 5.0

if you are facing any problem from a particular person you have to go to police or file a defamation suit against the lady under section 500 of IPC.speak to your land lard and if he can not sort out the issue give him notice of vacation on the ground of issues not sorted out and ask for the refund of security.he can not keep your security that you may recover legally by filing a civil suit with interest, legal charges and compensation through civil or consumer court as you choose.

Vimlesh Prasad Mishra
Advocate, Lucknow
5694 Answers
19 Consultations

4.9 on 5.0

You should try to gather evidence against the lady who has been threatening you by way of phone recordings, witnesses etc. and also try to gather the people who have been facing similar issues.

Together, you all can file a police complaint against the said lady for criminal intimidation under section 406 of the Indian Penal Code, 1860.

Police fail to take action you can send a written complaint to the senior officials of police under section 154 3 of the CRPC.

However, they also feel to take action you can approach the magistrate under section 156 3 CRPC seeking order for registration of FIR and the police to conduct investigation in this matter.

Siddharth Jain
Advocate, New Delhi
4981 Answers
55 Consultations

5.0 on 5.0

You can send a legal notice for recovery of your security deposit from your landlord, but I don't think sending a legal notice to the lady who is threatening you would help in your case, but you can still send the concerned lady a cease and desist notice.

If Police doesn't help you, you also have other remedies, which I mentioned above.

Siddharth Jain
Advocate, New Delhi
4981 Answers
55 Consultations

5.0 on 5.0

Such form of harassment becomes a criminal matter and it is always best to approach the police first. If the local police is not taking any action, then write off a letter narrating your entire ordeal to the area Deputy Commissioner of Police.

If that also doesn't help, then approach the courts.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

You can make a complaint with your owner about it who will in turn initiate steps to take action against the unruly member who is reported to behave in a rude and harsh manner with others.

The management committee only can take any action on this on the basis of the complaint by the owner.

The tenants' complaints may not be received properly by the management committee.

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

can we send legal notice beside the local police station? as dnt feel i will get justice from police

If you are a tenant in that complex then your legal notice may even backfire and you may not be able to proceed any further, instead you may initiate steps through your owner on this.

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

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