• Misconduct and threat of life by members of unregistered society

Dear Sir,

I have purchased a flat in Ranchi, Jharkhand, in Feb 2019.
The family was staying in the flat and I was working far from home at Jaipur, the neighbors started fighting and threatening to kill for some dispute for the common area which is only up to the door bell of my flat. which in all means belong to me, as the gate door is part of the flat and not the common area.
We got threatened and left with the family for Jaipur in the month of July 2019. 
There was no intimation by the other flat owners regarding the association formed for aforesaid maintenance of the common area till now. 
They used to call every month for maintenance charges, and threat me for the consequences many a times on working hours and mostly during meeting from different numbers, one day out of frustration there was exchange of some foul words, as they threatened to harm me and my family.
In the meanwhile we visited Ranchi for some work related to bank in the month of February 2020. As we reached the flat we found that the power was not available and the D G was not working and so we used the stairs to get to the flat with luggage, which is on the third floor. We found that Power was disconnected of the flat from the Electricity meter. Water connection was also found disconnected, I set right both the problems myself, It is obvious that they have disconnected the Water and Electricity of my flat. All the neighbors started asking why are you here and again threatened us, so we left Ranchi once again.
Now, they started bullying and threatening on the whatsapp group of the unregistered society, on which I raised an obligation, they started to threaten me with cutting down of the water connection and Electricity connection and to harm me physically. It is very difficult situation as I have been devoid to use the property and now, they are demanding maintenance charges for the unregistered society. 
On asking for rules, regulations and legal notice for the dues they are not ready to listen for anything.
I belong to the backward community and the other party is full of so called forward people, they also commented on my backward class.
Please give the way ahead.

Do we need to file an FIR, and what are the penal codes possible.
Thanks.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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15 Answers

Dear Sir,

The best way is to report the matter to police and file the case against all concerned members. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Well even if maintenance charges are remaining due   , for this default the water or electricity connection can not be disconnected. 

2. Since doing this is a criminal offence you can lodge complaint to register FIR.

3. if they abuse you go to the police to lodge further complaints on SC ST Atrocities Act which is a non bailable offence. 

4. You have done no wrong and hence seek legal recourse to stay in the flat.  Do not leave this place at all. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi, it is advisable to register a FIR under section 506IPC  for  criminal intimidation also relevant section of SC &ST act ...Also clear the  maintenance dues as RWA has the power to disconnect the same on account of non payment 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Yes file an FIR under attrocity Act against the said members. Also mention the same that the water and electricity is disconnected due to you being backward class. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) water and electricity supply are essential services and cannot be disconnected by society 

 

2) file police complaint against office bearers for discontinuing your water and electricity supply 

 

3) you are bound to pay maintenance charges 

 

4) It is responsibility of builder to register society 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. For the harassment and intimidation you may file complaint before the police station along with issue that they illegally disconnected your water and electricity.

Further unregistered society has no right and they cannot recover any amount or maintenance from you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even if MC not paid, water and electricity cannot be disconnect. Ruled by Supreme court, you should have filed FIR. File FIR for criminal intimidation to cause death and grievous hurt - criminal offense. And abusing on caste, more serious offense. e mail all those whats chats to secure the proof. File FIR. You back word class will be your best strength.

Unregistered society cannot demand MC. On the contrary, retaliate them and secure your possession. And if you are not living in the flat. File FIR and put flat on rent.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

File police complaint against them all.

506IPC will be charged against them. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Your submission is showing that those peoples are voluntarily creating trouble for you .

- Hence, firstly you should lodge a written complaint with the police after narrating all the incidence in details and copy of the same should be forwarded to higher police official , even online mode.

- Further as they are commenting on caste , then you should also mention the same in that complaint ,and request to lodge against those neighbours , including unregistered society. 

- Further without giving a written notice to all the members , and passing a general resolution , a society cannot even formed . Such notice should contain all the functions of the association . 

- Further, an unregistered society cannot legally bond its members for maintenance etc due not being legal entity.

- Hence you should lodge FIR against all these people including so called society for the offence of threatening , breach of trust , and for extortion in the name of maintenance , and also for the racism .

- Further , you can also complaint in the office Registrar of Co-operative societies  as well, against the misuse of rules adopted at the time of forming society and to threaten its member. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

Immediately raise the FIR and also see the following exhaustive procedure. 

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Dear Sir,

The following information is exhaustive in nature

How To Register a Complaint Against Housing Society/Any other Trust/ Professionals as defined below.

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https://www.icrpc.org/icrpc.org.contact.htm

 

International Consumer Rights Protection Council

Consumer Court entertains consumer complaints against defective product or service.  Bima Lokpal, Lok Ayukt, Lok Adalat are also places where complaints can be filed.

If you want to file complaint against builder, insurance company, housing society, bank, educational institute, hospital, doctor, railways, municipality, airlines, transport, school, college, manufacturer, dealer, etc. you can file your complaint here on this website. The process is very simple.

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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

 

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

 

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can give a complaint with the police against those people who are creating problems and torturing you and your family seeking protection to your family members and also to the property from them.

You can also file a suit for permanent injunction against them restraining them from interfering in the possession and enjoyment of your property and also to not disrupt the electricity and water supply connections.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. FIR should be got filed for the offence of destruction of property and criminal intimidation apart from illegal restraint under Sections 323, 341 and 506 IPC.

2. Water and Electricity are necessities of life, without which right to life guaranteed under Article 21 of the Constitution of India cannot even be conceived. Writ Petition may be filed by you in the High Court seeking protection of life and liberty.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

 first of all a society needs to be registered and accordingly the money has to deposited with society.

you can file a police complaint in the local police station where you received the threat, the said person can be booked for 504 and 506 of Indian penal code, so just go and file the complaint, if police refuse to register then you can directly file the complaint in court.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You should lodge FIR against your neighbours who are threatening and bullying you. 

2. You just send a written complaint to SP of Ranchi and to police station having jurisdiction of your area explaining all the incidents of threatening and criminal intimidation and using caste specific abuse police will automatically lodge FIR under all possible sections of IPC and other acts. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Electricity and water supply are basic rights and they cannot be disconnected. What they are doing is a crime. Fike a criminal complaint against these people. Put all the evidence before the magistrate. Try to solve the matter first and ask what do they want. Tey to resolve this peacefully. If not then go ahead with the case. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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