File RTI application with PIO as to what action has been taken on your complaint
you can also file private complaint before magistrate under section 156(3) of cr pc to direct poluce to investigate and submit report
Unregistered Society
Dear Sir, I have filed an online police complaint in the Jharkhand police portal on 1st of July 2020, Till date there is no action on our police complaint. The same matter was also put up to National Human Rights Commission and National Woman Commission in the same week, and till date no action on our complain. the matter is very clearly mentioned in the complain and also proofs are provided. The complaint is as follows: 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. Police, NHRC and NWC are not taking any action in the case, What should be done now? Thanks, Regards,
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
No need to give online complain for such issue. Kindly visit nearest police station and file FIR against all those neighbors under section 307 IPC Attempt to Murder. and Atrocity against all of them
Scope of Section 307 and Section 308
Section 307 of the Indian Penal Code addresses an attempt to commit murder.
Whoever does the act with guilty intention or knowledge, and the person knows that the act is likely to cause death or has a knowledge that by the act or injury the result will be death, only then he would be held guilty of murder.
For offences of atrocities specified under section 3(1), the punishment is between six months to five years with fine. For offences under section 3(2)(i), the punishment is death. For offences under section 3(2)(ii), the punishment is not less than six months but may extend to seven years or upwards with fine.
Scheduled Castes and Tribes (Prevention of Atrocities) Act
Offenders, Victims And Offences Under The Act
Any person who is not a member of a scheduled caste or a scheduled tribe and commits an offence listed in the Act against a member of a scheduled caste or a scheduled tribe is an offender.
The victim is a member of a scheduled caste or a scheduled tribe against whom any of the following offences is committed by the offender:
1. Forced to eat or drink an offensive or uneatable substance;
2. Caused annoyance, injury or insult by any excreta or waste matter being dumped in his premises or neighborhood;
3. Paraded naked or with painted face or body;
4. Wrongfully deprived of cultivation of his land;
5. Wrongfully deprived of his rights over any land, premises or water;
6. Forced to do beggary or work as a bonded labourer;
7. Prevented from exercising his right to vote or according to his wishes;
8. Subjected to false legal proceedings;
9. Caused injury or annoyance by a public servant on the basis of false information given to him;
10. Deliberately insulted and humiliated in public view;
11. A woman who is sexually assaulted;
12. Deprived of his right to clean drinking water;
13. Deprived of his right of passage to a public place;
14. Forced to leave his house or village;
15. Falsely implicated in a criminal case which might result in his imprisonment or execution;
16. Intended harm or injury by burning a place of his dwelling or worship;
Immediately appoint a lawyer and file a case under section 156(3) of the CrPC before the CJM/ACJM, before that send the copy of the FIR to the SP and OC of the concerned PS.
Regards
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief, Atrocity 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. The said Person may come down for settlement.
- As per rule , it is mandatory to follow the rules framed by the society and to pay the maintenance charges accordingly.
- Further , in case of non payment for three months , the society can issue a notice for the payment of dues including interest , and can recover the maintenance after filing the suit before the court.
- However, the society cannot disconnect the electricity and water supply , which come under the essential services.
- Further , an unregistered society is not legally entitled to claim maintenance from the owner of the flat .
- Since, the society has already disconnect the electricity connection , hence you should file a suit before the district court in Ranchi to direct the competent authority to supply the same without any intervention of the so called society.
- Further for defaming in the name of caste , you can approach the police for lodging an FIR against those accused , and if no action , then file a complaint before the magistrate.
- If you are not residing in Ranchi , then any other family member can take legal action on your behalf.
You need to proceed with your complain. Disconnection of water etc can lead to filing of FIR. You can also a approach court for the same. Pursue all the other remedy too like NHRC, NWC for appropriate remedies
This is really pitiable condition and a total lack of rule of law .
Severance of electricity connection in the flat is a criminal case for which FIR must be severed.
So apply for electricity and water connection once again.
Thereafter file writ petition in high court.
You need a good advocate as you have lot of remedial measures. You seem be not advised properly.
Serve them with a legal notice and than file a complaint against them in the consumer court.
Also file an RTI for obtaining the status report of the complaints you filed online to police and NHRC
Please file writ petition against all including police under Articles 226 and 227 of Constitution of India 1949 for writ of Mandamus directing all for restraining orders against them to stop illegal activities.
You would succeed swiftly in your efforts before High Court.
You can file a private complaint before the court having jurisdiction..
Sitting quite after giving online complaint with the police will be of no use, similarly the human rights commission also may not take any proper action in the absence of follow up.
You can file an injunction suit against those who are restricting or prohibiting your residential rights in the flat.
You can consult a local advocate and file an injunction suit restraining the culprits from indulging in all types of illegal activities against you.
1. You should meed SP of Ranchi with your written complaint against members of society who are threatening you and your family.
2. You can also file criminal complaint before judicial magistrate under section 156(3) CrPC for giving directions for registration of FIR.
Dear Sir,
You are suggested to file the police complaint for taking against them and if no action is taken by police this time also, file the case in the court under section 156 (3) of Cr PC for direction to police to register the case.Also, file the case of injunction against the said neighbours or society in the civil court at Ranchi. It is suggested that you are not required to attend court hearing rather your advocate may handle the things.
You have to present personally to file FIR or FIR through court.
Provide evidence of threat, physically harming you, disconnection of electricity and water connection etc. They will booked under SC/ST along with other provisions of Indian Penal Code. no anticipatory bail.
A fir must be lodged against them immediately for threatening you and criminal intimidation and for disconnection of power and water supplies.
