a complaint stating your grievances can be given in writing to the concerned SHO/ACP/DCP of your area and may be Magistrate if so required..
Police coming to my house frequently (I am a lady) & without any letter in housing society matter
Dear Sir/Madam Greetings! I am ex-chairman of chs and the new committee is illegally elected as they were all "payment defaulters" from 10 months during elections. As a chairman, i had sent many letters to asst registrar telling about 'payment defaulter issue' for election, but asst registrar 'ignored' and didn't reply at all. The wrongly elected new committee wanted to come on managing committee for the RE-DEVELOPMENT opportunity which they are executing it now WITHOUT FOLLOWING ANY REDEVELOPMENT RULES. In election process also, there was NO my sign as a chairman sign. Also i Never Resigned as a chairman yet. The society bank account was sealed without my knowledge. The new committee BEFORE election broke motor room and terrace lock. Knowing this i had already brought IMP documents of society from terrace to my house. The new committee want Imp society documents from me as the final re-development step has come. I received new committee's "lawyer's" notice to handover society office to which i replied positively TWICE with 'registered letter' and mentioned date and time to handover the office but the lawyer didn't accept my letters and sent it back unclaimed both the times. Now the police are harassing me from "1 month" by coming to my house in Uniform and asking to come to police station. When i asked about written letter they 'never' had it. When i insisted on letter the 'senior police' sent a letter with his signature WITH ALL FAKE EVIDENCES. For that letter received from police, i have filed RTI to asst-registrar and police as well. The asst. registrar didn't reply it yet and it is over 1 month. Reply from police is due by 10th Feb. Again yesterday morning there were 2 police(1 lady police) in Uniform along with 'asst. registrar' and they had come to take society office from me without any intimation. I said why asst. registrar want police along, for 1st visit when i am ready to co-operate. I also asked for the letter to police. But police and asst registrar "both had NO letter with them". This is 4th Time police coming to my house and all our neighboring buildings came to know about it. I AM A LADY AND I FEEL VERY ASHAMED ABOUT THE POLICE COMING TO MY HOUSE SO MANY TIMES. I have taken PHOTOS.. BOTH times, OF POLICE standing in front of my house door as an evidence. I also went to 'commissioner of police' to make a complaint but i was not allowed to meet commissioner in his cabin, but was told to meet ACP in my city. I WANT TO PUT A CASE IN "HIGH COURT" AGAINST THE POLICE, ASST. REGISTRAR, INFLUENCER, AND OUR SOCIETY'S MANAGING COMMITTEE. i REQUEST YOU TO PLEASE GUIDE ME HOW SHOULD I GO ABOUT IT. ALSO HIRING A 'GOVT LAWYER' FOR HIGH COURT CASE WOULD BE EFFECTIVE AGAINST PRIVATE LAWYER..? OR IS THERE ANY CHANCE THAT THE COURT CASE EXPENDITURE COULD BE CHARGED ON HOUSING SOCIETY OR MANAGING COMMITTEE LATER? I HUMBLY REQUEST YOU TO PLEASE GUIDE ME ON ABOVE POINTS. THANKS A LOT. WITH REGARDS
Asked 7 years ago in Constitutional Law
10 Answers
You can file a writ petition in the said matter. The HC will give appropriate directions to Asst registrar police and Society for the same . This is a quick remedy. Other wise you need to complaint about the same to Dcp and commissioner of police or Approach Co-operative court
Remedy is to file a dispute case with the co-operative court against the committee and asstt registrar for not having considered the defaulter issue
You cannot directly approach high court without first exhausting your remedy before the co-operative court
If the committee lawyer has not claimed your letters then you can email them to the committee members and also stick them in a conspicuous part of the building and also take their photos as evidence that despite you willing to handover, the new committee and its lawyer illegally refused for the same
Has any FIR been lodged against you ?
2) obtain copy of complaint /FIR filed against you
3) has your statements being recorded?
4)it is necessary to peruse said complaint /FIR to advice further
5) no need to engage govt lawyer
6) you have to pay legal fees for filing petition
Reply: Respected Ajay Sethi Sir, Police came to my house WITHOUT any letter. Whenever i ask a letter or something written they Never had it. When i insisted for a letter from police, a letter addressed to me and signed by senior police has been given to me. But all information in it is fake. I filed RTI for same letter with asst-registrar and police. The asst-registrar didnot reply on RTI even after 1 month is over and police reply is due by 10th Feb. Also my statements were never recorded in any book. Thanks With Regards
Asked 7 years ago
Wait for reply from police
2) you will come to know whether letter is genuine or false
You send a complaint to the commissioner of police about the police excess and your fear about your will not be registered by police since they are acting at the behest of the illegally formed committee members.
You may also write a letter to the Director General Registration against the asst. Registrar for his abuse of power.
You may approach jurisdictional judicial magistrate court after exhausting the above remedies for direction to concerned police to take proper legal action on the complaint pending before them.
There's no remedy with the high court for the present hence you need not approach high court now for any relief.
The police are in hand and gloves with the newly formed committee members.
Hence they are indulging in such excesses.
In my opinion, being a single lady, why don't you stay away from such troubles and be free from all such issues.
This do appear to end shortly, the legal battle may stretch more and more till you become tired.
Hence take wise decision at right time.
- As per the information mentioned in the present query, makes it clear that acts of the authorities involve in it are totally arbitary agaisnt you, in fact they have been trying to put blame on you for not giving the possession of the office.
- I would suggest you to file a Writ of Mandamus in nature under Article 226 of our Constitution before the Hon’ble High court, seeking immediate action against the authorities for not responding to your written complaints, and also specific answers from the police as to why and who have them the permission to act in this way, when the society always had the option to file a suit for possession.
- You would surely get success Mam, and Rest you can contact me through Kaanoon for further legal assistance on this issue, if like my answer and I ll be happy to draft the Writ for you with all case laws.
They can't harrass a woman citizen like this. You take appropriate action against them
1. Asst registrar can take police assistance to discharge his lawful functions.
2. In this scenario you can file a petition under Section 482 Cr.P.C in the High Court to seek directions to police to not to harass you.
