• Harassment by society Committee Members

I am an NRI and have purchased 2 flats in Kandivali West. The society committee members are subjecting me to regular harassment and are talking I’ll about my personal life. The society has installed a camera to monitor my house, which mounts to invasion of privacy. They speak very rudely and have damaged my property and refuse to compensate me. I have requested for a meeting multiple times in writing but they ignore all me requests. Any help / suggestions will be appreciated.
Asked 11 months ago in Consumer Law

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11 Answers

Cameras must have been installed in common areas for security reasons 

 

2) you have not furnished details of damage done to your property by society 

 

3) if society refuses to compensate you file police complaint against office bearers of the society 

 

4) you can also file complaint against society and office bearers before consumer forum and seek compensation for damage done to your property 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. You have option of filing PRIVATE Criminal Complaint in local Magistrate Court at Borivali, supported with proper documentary evidence & witnesses, etc....

2. ADDITIONALLY, alongwith above you can ALSO file Grievance Petition in the local Consumer Court (Bandra East), for Negligence, Deficiency, Harassment, Intimidation and for causing you Physical & Mental Trauma and claim Damages & Compensations.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You need to issue them a legal notice first and then file a suit at the jurisdictional court, in consultation with your local lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

This is a criminal matter 

There are offenses of criminal intimidation and stalking clearly made out 

If police is refusing to take your complaint then please file a private complaint to the Magistrate for a direction to police to initiate investigation on your compliant and to take cognizance 

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

You can file a complaint about the same with police for privacy issue. Also file a complaint to dy registrar against society committee as well as you can approach consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear Client,

You can file a GD with your local Police station under section 425 IPC for wrongful loss of property.

Thank you.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

If there was any damage done to your property and you know the person who has damaged the property you may lodge a criminal complaint against the person who has caused this damage.

If the society committee members are harassing you for no reason, you may issue a legal notice instructing them to refrain from indulging in such illegal activities failing which you may file a suit for mandatory injunction against them to restrain them from interfering in your possession and enjoyment of your property besides you can request court to direct them to turn the surveillance camera away from your house to prevent invasion of your privacy.  from refraining 

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You can lodge a criminal complaint against the person who had damaged your property under the provisions of damage of private property(prevention) act  for initiating legal action against the mischievous people. 

For other reliefs as suggested you can approach cooperative court of law or even consumer court.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

File complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, since society is a legal body, registered under the Societies Registration Act, , hence one can sue against its function, if not performing well.

- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the RWA for the occasion.

- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.

- Hence, you can file a complaint to the Registrar of Societies after narrating your concern .

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

  1. First of all the police has misguided you. Yes, any dispute with the society is a civil matter and not a criminal case, but if someone damages your property, it's definitely a criminal act and penal sections of trespass, mischief, theft, criminal intimidaton should have been invoked  by the police. 
  2. As the police has failed in it's duty, you will have to file a private  complaint before the magistrate (This is not a civil court but magistrate court for criminal complaint. Police isn't helping you, so you are filing a criminal complaint privately before the magistrate under provisions of CrPC) 
  3. As far as your disputes with society, including your privacy being invaded in any manner, you have to move the cooperative court.  (This is the civil matter and the civil court). 
  4. For both 2 and 3, you do need to appoint competent counsel (advocate) for the litigation before the court. I'm willing to offer my services as a counsel. 
  5. However, to be of any assistance, I require an exhaustive consultation session with you. I'm based in Mumbai /Navi Mumbai just as you are....  So it shouldn't be much difficult for you to visit me for such exhaustive consultation. 
  6. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1433 Answers
5 Consultations

4.4 on 5.0

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