• Inaction of police and harassment by RAW

On 13/4/19, at around 7 pm very high loudspeaker was playing under my house. Repeated requests to lower the volume failed and i was mocked at for trying to interfere. Around 15 people collected and started shouting at me. 

I called 100. PCR van came and did not take any action . After half an hour around 7.30 local policeman came. He also refused to take any action. 

No permission was taken from any authority. Inspite of this the policeman did not mediate and instead told me to go to the police station to lodge a complaint. 

At 8 in the night I and my minor son went to the station to lodge a written complaint. DD no 35 B

After coming back i found the volume to be still very high making it unbearable to sit in the house. I called 100 again 3 more times. Ref no. 191380471.  No PCR van came and no action was taken.
 
The present RWA has been acting in a highly dictatorial manner
1. No minutes of AGM have been shared for 2 years.
2. Illegal construction of a temple within the society.
3. Illegal operation of a eatery for which no permission has been taken.
4. Illegal construction of a main gate for which no sanction has been taken.
5. Commercial use of residential society . Outsiders are frequently allowed to erect tents and put up kiosks.
6. Rampant use of loudspeakers within the society for personal functions.
 
Is there any relief available? The society is a multirise dda society and recently it has been handed over to MCD
Asked 9 days ago in Civil Law from Delhi, Delhi

1. Companit before the registrar of society against the present committe and the members of the society. 

Its your right as member to ask for AGM, no.construction can be done without approved plan for same complaint before municipal authority can be made.

 

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

Yes.you can approach court if concerned authorities.fail to take action 

You can approach the state pollution control board also against the noise pollution.

Shubham Jhajharia
Advocate, Ahmedabad
14266 Answers
57 Consultations

5.0 on 5.0

Complain to registrar of cooperative society against society failing to forward minutes , carrying on illegal construction etc 

if no action taken file complaint before cooperative court and seeks orders to direct society to demolish illegal construction, share minutes of AGM etc 

Ajay Sethi
Advocate, Mumbai
59888 Answers
3620 Consultations

5.0 on 5.0

You can take legal proceedings as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
59888 Answers
3620 Consultations

5.0 on 5.0

Provisions under Societies Registration Act 1860 lays down the following:

“Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion.”

 

You can file a complaint with the registrar of societies stating the aforementioned grievances and illegal construction.

 

 

 

Siddharth Jain
Advocate, New Delhi
3225 Answers
35 Consultations

5.0 on 5.0

You can filr a complaint to the superior police authority in the same who didn't take the action against such society.  You can file a complaint in court for the same.  This is a blatant violated of noise regulations.  For other issues you need to go to day registrar against the said society

Prashant Nayak
Advocate, Mumbai
7205 Answers
7 Consultations

4.8 on 5.0

1. Regarding the loud sound from loud speaker, you can file a Writ Petition against police inaction seeking police protection in case such incidences recurr.

 

2. For your other problems, you shall have to lodge a complaint before the Secretary of the Society under copy to the police and thereafter to the Registrar of Societes seeking relief. If you still receive no relief, you can filr a Writ Petition before the High Court against the inaction of the Registrar of Societies and police seeking relief.  

Krishna Kishore Ganguly
Advocate, Kolkata
21476 Answers
550 Consultations

5.0 on 5.0

 If no action is taken by the concerned authorities, you shall have to file a Writ Petition as suggested in my earlier post.

 

Krishna Kishore Ganguly
Advocate, Kolkata
21476 Answers
550 Consultations

5.0 on 5.0

Hi, it is advisable to file a civil suit for permanent injunction in court to obtain stay order agaisnt illegal occupation in the the society 

Hemant Chaudhary
Advocate, Gurgaon
4100 Answers
23 Consultations

4.9 on 5.0

Best approach to tackle this menace permanently, is to take this issue up(of sound pollution in multirise DDA societies) in a public interest litigation, which you may either file yourself or through a public spirited lawyer.

To make out a robust case, it is important that before filing the above PIL, a decent amount of homework on this subject is done.

Vibhanshu Srivastava
Advocate, New Delhi
8092 Answers
111 Consultations

5.0 on 5.0

If the society is also not responding to yor complaint, then you may lodge a complaint with the competent authority mentioning all the illegal acts that is happening within the apartment premises including the illegal temple constructed in it by producing the documentary evidences to support your complaint and also you may approach the registrar of cooperative societies with a similar complaint  to dismantle the society committee members which is acting against the interest of the members and to form a fresh committee or to conduct an election to elect new members in order to remove all such illegal structures and also to maintain cordiality among all the members.

Alternately you may also approach judicial magistrate court either with a private complaint under section 200 cr.p.c. or under section 156(3) cr.p.c. seeking direction to the police to initiate action on  the complaint pending before him against the culprits who have done all those damages and harm 

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

Yes, you can approach the judicial magistrate court provided the police is not taking any action despite passing of one week after taking the complaint on their files.

You may take the assistance of a local advocate for all such issues 

T Kalaiselvan
Advocate, Vellore
50064 Answers
591 Consultations

5.0 on 5.0

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