• Harassment by Society Managing Committee

Please note that I have given my house on rent. Leave and License Agreement was given and Mulund police verification was given to the society when received. However the society manager asked to provide Bhandup police verification as my society is in Bhandup. Even Bhandup police verification was given when received. However My Society Chairman and Secretary keep sending unnecessary letters and emails claiming that the tenants are unauthorised. Tenants living in my house have already given their PAN Card and Aadhar Card to the Society. Chairman uses security forces to restrain the tenants and is now claiming the police verification to be not authentic. He also sent a false letter claiming that I had not intimated the society before giving on rent, but I had informed via email. He also falsely wrote in the letter that police verification was not provided. When my sister called the chairman he spoke very badly to her and in an abusive tone. The society Chairman is asking Me to come physically to the society office in Mumbai and I have permanently shifted to Hyderabad. And we are time and again harassed by the chairman from last 3 months. They have also imposed a fine of 1000 Rupees in maintenance. Chairman has made rules for plants to be not planted in windows and imposes a fine of Rupees 500 if we do so. They have not even refunded charges on 4 wheeler vehicle for 7 months which was wrongly added. I want to report this to the registrar of co-operative societies. Please help.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

You can draft complaint with all details to the Deputy Registrar marking copies to police station for intimation. What the society is doing is pure harassment. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Under provisions of model bye laws prior intimation has to be given to society if you have to  give flat on leave and licence 

 

society insists on poluce verification of tenants 

 

in your case you have done police  verification and prior intimation has been given to society before giving flat on rent 

 

if any fine imposed complain against society before registrar 

 

you can also issue legal notice to society not to harass  your tenants .your physical presence is not required 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

First of all you send a legal notice to the chairman/housing society pointing out all these issues and express your grievances in the notice.

You can demand rectification as well as the chairman to apologise for his abusive behavior as well as to refrain from imposing such unjustified and unlawful restrictions/clauses failing which you may state that you would initiate proper legal action against him through registrar as well as through cooperative court.

He cannot question the police about their verification report.

He has no rights to challenge the same, if at all he is suspecting the genuineness of the report let him take it up with he concerned police directly or make a complaint about this to the higher police officer, instead of torturing you on such petty issues.

His intentions are Malafide, because of which he is adopting all types of cheap attitude and activities against you. 

You may have to confront him legally. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello, 

  1. It would be advisable to send a legal notice to the society confirming the rent agreement once again and demanding to return the amount they have incorrectly charged to you
  2. Raise objections about the abusive language. Demand of the society an apology and treat you and your tenants with due respect.
  3. If you so not receive a favourable response, you can report to the registrar. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Certainly you can write to the Registrar to pass an order and direction of no harassment 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

File police complaint against chairman under section 504 of IPC for acts endangering peace by harassing you by making false accusations against you and levying Rs 1000 fine 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You do not have to pay any fine as demanded by the chairman, you may ask him to give it in writing quoting the law under which he is levying the said fine.

After that you may issue a legal notice questioning his authority to levy the fine illegally due to personal vendetta.

However you cannot levy any fine against him for harassment but you can take steps legally against him. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client, 

You may file for harassment (Section 294 of the Indian Penal Code), Undue Influence (Section 16) and wrongful confinement (Section 340 of the Indian Penal Code). You may also file a petition in the co-cooperative court for excess recovery of  dues, complaint to the police for Threatening/assault by or to the member of society, complaint to the general body because of levy of excess fine.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You don't have to pay anything. Send a legal notice to the said society through lawyer and take further action against them if required. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

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