• Mob of society members heckled & threatened to beat up a guest of mine (tenant) if he doesn't leave

I am an unmarried woman living with my roommate. During this corona crisis, my roommate got a change to leave the town and I could not. I was quarantined alone and therefore called a friend to stay with me. We were self-isolating and disturbing nobody. A group 10-15 committee members called us down to talk. We went down with an intention to talk but was instead heckled, pushed around and threatened to beat up my friend. It went on for a long time, they did not pay any heed to my crying. My society has been consistently harassing. We follow all the rules, don't make any disturbances and mind our own business. What can I do legally so this stops?
Asked 4 days ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu

You call the police immediately for your rescue.

The society or the other people cannot take law into their hands.

You call police by 100 number and explain your difficulties.

No doubt you should have remained in self quarantine but due to your fears of staying alone in this critical situation, you may apprehend fears  for staying alone, you can explain your helpless situation and seek their help, you can even escalate the matter to the city commissioner of police towards the atrocities of the neighbors in this regard.

 

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Complain to police. Nobody can be tortured for this reason. Call on 100. It is not your mistake, if you are locked due to lock down and further no land lord society can harass for this reason. 


But this is not safe for your friend to stay with you when you are quarantine.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

File poluce complaint against society members u der section 504 ,506 , of IPC for acts endangering peace and criminal intimidation 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1. you can make a police complaint against the persons who heckled, pushed around and threatened you and your friend,

2. take note of the fact that your activity should be within the rules & regulations of the society

 

Suneel Moudgil
Advocate, Haryana
1711 Answers
3 Consultations

4.7 on 5.0

Hi

Dial 100.

Simple. 

They might be afraid of the covid19 as your friends travel history is not known to them.

Call 100 and police will sort it out.

Thanks 

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

You can complaint with police regarding that illegal acts as well as consumer complaint for deficiency of service

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Kindly give police verification of your's and your friend along with your flat owner, so in future such type instance not to happen.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

1. Call the police control room on "100" and summon them and file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Intimidation, Breach of Trust, Mischief, Molestation etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

File a police complaint against the concerned people they cannot harass or can ask your guest to leave your premises. The police may register FIR against them.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

Hi,

You are suggested to make suitable complaint with police regarding the said illegal acts and give the name of persons who did something. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

You should complain now in order to teach culprits a lesson 

 

You can file complaint within  3 years or so but delay in filing complaint has to be explained 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

You can file the consumer complaint within 2 years other ipc sections it is 6 to 1 year

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

Hi

Look.....why this system of police and complaining was introduced. 

It was introduced for solving the problems and to remove the fears you have.

So you have two options. 

Stay as you are staying now.

If you have any kind of problem the File Complaint. 

Thats it.

If there is a statute of limitations then also you will have to complaint to initiate the process.

Thanks 

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

If you have gone through legal agreement with owner and NOC from Police station then no need to worry about it. Till you have leave and license valid which is register then you can make police complaint against them.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

Hi,

Your fear may be genuine but to be safe and to avoid further harm of any kind, you may inform police or send online complaint in order to prevent such happening in future. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

YES IT IS VALID

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

NOC from police station have you submitted in Society office and Owner and take acknowledgment from them.

 

Till your agreement is valid nobody can remove from that flat. If anything false is happening against you then complaint against them or dial 100 number.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

See you can intimate police kay be they can talk with the society and sort the issue out if in case the society is not ready they will proceed with the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

See you have valid agreement and as no NOC is required if owner has rented the place they cannot force you out or do anything.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

You cannot be evicted without following due process of law 

 

you can continue to stay in premises 

 

even if flat  owner wants to evict you he has to issue you notice as per terms of your agreement 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Are u declared quarantine ? If yes than you are supposed to be isolated. Calling your friend means your are committing crime in spreading epidemic and causing national threat. You can booked under epidemic act and your friend can be arrested. Send your friend and his chekc up and stay isolated.

Tenant cannot be evicted without sue course of law. 

Only if you self isolated and not quarsntine than only can protection of police. Call on 100. No one can be evicted at this crucial time.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

You would have to go to police station to record your statement 

 

mere online complaint is not sufficient 

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

Than better dont use word quarantine but just house lock.

Just call on hundred and infome the police that society is adamant to evict you when complete lock down is order union of India. Landlords and person who are forcing to evict tenant at this crucial time are getting arrested. 

You will not be taken anywhere. Call police will get immediate protection. Also call women cell and collector office. Can also submit online complaint.

Use this - Union Home Minister Rajnath Singh had launched a pan-India service of the single emergency helpline number '112' for immediate assistance services from police (100), fire (101), health (108) and women (1090).

Dont panic 

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Dial 100 or other emergency number and request police at your premises online complaint may not help at this juncture.

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

Online complaint is only for petty issue. You need to file written complaint. You can send the same by registered post to police station

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

- As per law, A society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, Flat owner can be stopped from renting out his flat to anyone including Bachelors

- No, male/female servants/guest can be stopped from entering into the society, if the society is doing this , then the person harassed , they can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the societies affairs and nothing more.

- Further , the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, you should lodge your complaint without any fear , and one copy should forwarded to higher police official /DCP /CP . and better one copy forward to human authority , even online. 

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

You can ask police to come at your place just 100 number .... NOw a days police are out for curfew whoever in may be on duty in your area can visit at your place.

Ganesh Kadam
Advocate, Pune
9303 Answers
77 Consultations

4.9 on 5.0

Hi,

In case of online complaint, the police may not turn up so immediately and your complaint may be treated as anticipation of any untoward incident. In case of any harm, the same may be used by you. 

Ganesh Singh
Advocate, Delhi
3501 Answers
9 Consultations

4.5 on 5.0

If you are facing the hardships and tortures in the name of association bye laws/welfare, you can always seek police protection. 

If you show that you are scared by their threats, they will have an upper hand and may indulge in more such activities.

Hence you may take decision based on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

If you have a proper and valid rental agreement entered between you and the owner, you may not be afraid of such threats, you can ask them to do whatever they feel like, you may seek police protection as well as submit a complaint with the human rights commission against such violent activities unleashed on you by them.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

You can submit an online complaint also if you have time, or if they still indulge in any such physical activities against you both, you better call the police over phone immediately and give  complaint against all those who are involved in this crime against you both 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

1. You should call the police immediately and lodge complaint against the members who have harassed you and your friend in this tough time. 

2. You should call the police station through 100 or search for phone number of local police station for lodging the FIR.

3. No need to worry Police will help you till the corona situation is not over and after that you can decide about complaint against members of society.

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

Hi

DIAL 100

If u want to complaint.

You will not be required to go to the police station.

Thanks

Rahul Jatain
Advocate, Rohtak
1304 Answers
3 Consultations

4.9 on 5.0

you may file police complaint against them. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

There is no time limit for filing the FIR. But it is expected that FIR should be filed without any undue delay.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

in my opinion file complaint directly before jurisdictional police station. 

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

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