• A woman doing newsence in apartment

We are in an Apartment of 20 flats. A single flat owner, a lady is creating newsence daily by shouting on other ladies. Also, there no valid reason for such shouting. Just to show her supremacy. For example, she had a maid / servant . Later on she stopped working with her due to differences. But that maid is working with other flats. Now she is quarelling with others saying that, they should not hire this maid and shouting loudly .Till now she quarelled with 6 flat owners and 1 old lady among them fainted, because os this behaviour. 
Please let us know how can the law help us????
Asked 7 years ago in Civil Law

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8 Answers

1. Quarreling without reason even at top of the voice is no crime for others who are not party to the quarrel.

2. In other words only those person who face such quarrel can file case under section 500 ipc but not others.

3. The society or flat owners association may intervene to stop her such behavior.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) record her verbal abuses

2) affected flat owners should jointly complain against lady to secretary of the society

3) if no action is taken lodg police complaint against her for criminal intimidation under section 506 of IOC

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

No case of nuisance lies against her. The case if any can be filed on the line I have advised earlier.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

flat owners can file police complaint against lady

2 lady may lodge counter complaint against the flat owners

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

The aggrieved flat owners can file a suit for permanent injunction against this lady to restrain her from making nuisance as it violates the right of the other flat owners to reside peacefully in their property. This is the maximum that can be done. Serve a lawyer's notice to her before going to court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. First of all send her a legal notice calling up on her to stop creating such nuisance.

2. If she fails to act, file a complaint before the local police against her for creating public nuisance punishable under law.

3. If police fails to act, file a petition u/s 156(3) of Cr.P.C. before the District Judge praying for a direction upon the police to investigate and act based on the complaint filed by you.

4. All the sufferers should file the petition/letter jointly to be more effective.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

A complaint with the secretary/president of the association should be made about this nuisance which is done on a regular basis by this lady.

If the action by the association is not effective and the lady is still indulging in said activities, a complaint with the local police may b lodged for her excesses and abuses.

This will certainly bring her under control.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Can we all 8 flat owners lodge a newsence case on her ??? Will there be an negative consequences to us because she is a lady???

Yes all those affected can join together and make a joint representation against her nuisance with the association and concerned law enforcing authorities for relief and remedy.

She cannot misuse law taking shelter under women biased laws, you may have to work out strategies accordingly so that she is not backfiring.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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