• Harrasing a owner by other 3 uppercaste owners knowingly

In this unregistered society where these 4 persons have kept security guard with his wife. One person has made a house in one of parking place and want to keep his driver.because of the scratches made on my car and my bike mirror was broken. When I have asked the security guard he rudely told I do nt know. The acting secretary was told about this but he told he is not there to look after your belongings. Then I have put CCTV in garage but the others told me to break that one if I all not take out CCTV.then I have sent legal notice to them.they denied those things by reply and told that he is not security guard , he is a care taker. Many family members of security guard come and stay there for months. Recently at 12 pm I heard noise and when I asked the security guard who  are these two guys, he told that his son. And suddenly his son started scolding and abusing me. I called the police and two of the members came for their support. I went and give an application in written about all the previous incidents and last night incident in police station. After that the security guard and his wife is gone somewhere I don't know. May be other owners have told them to go somewhere for few days. Accidentally I found on website that one of owner who is rto had issued two VCR on my vehicle in Aug 2015 and April 2016 of rs 8000 and other 45000. I went to rto they told me to give the vehicle docs. My car was never caught at any place. And its running is very very less. Pls advise me what to do. I am ready for paid legal consultation. Thanking you all
Asked in Civil Law from Bhubaneswar, Odisha
1) if any member has made house in parking area move court and seek orders to demolish the house constructed contrary to sanctioned plans 

2) also complain to muncipal corporation 

3)caretaker cannot stay in house constructed illegally in parking area 

4) if you are threatened file police complaint of criminal intimidation under section 506 of IPC 
Ajay Sethi
Advocate, Mumbai
28432 Answers
1542 Consultations

5.0 on 5.0

The remedy for you is to file a police complaint for criminal intimidation against them. If police does not register the FIR then a private criminal complaint can be filed directly in the court. The details of the VCR issued by the RTO should be obtained under RTI Act and then further recourse can be taken. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

In my opinion, there are some people intentionally acting against your interests and are in the idea of torturing you for the reasons which even yo be aware of.

What about the police complaint?  Did it have any effect?

Did the security person return?

If you are aggrieved over the the rto challan dont pay the fine, you can challenge it in the court if you have substantial proof to prove that the charges made are false.

You may escalate the matter with the higher police officer if the unruly neighbors do not obey the local police or they try to suppress the matter by bribing the police.
T Kalaiselvan
Advocate, Vellore
18647 Answers
176 Consultations

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1) file complaint against builder before consumer forum and seek orders to direct builder to form society of members and to execute conveyance in favour of society 

2) also move covil court for demolition of unauthorised construction by members and to direct association to submit audited accounts for last 3 years 
Ajay Sethi
Advocate, Mumbai
28432 Answers
1542 Consultations

5.0 on 5.0

File a suit in the civil court to seek the eviction of the trespasser and also demolition of the house illegally constructed. To stop paying the maintenance will not be the right move.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

If the structure has been illegally raised by your neighbor for accommodating his driver, and also the society is not taking any action to remove the illegal structure raised in the parking space, you may move a complaint to the municipality about this  irregularity seeking their intervention into this and pass orders to demolish this illegal structure.

You can even move court for this remedy.

If the society is not registered then the registrar cannot intervene in this.

Get your society registered by collecting like minded people together and convene a meeting to take steps to register the association as per law. 

T Kalaiselvan
Advocate, Vellore
18647 Answers
176 Consultations

5.0 on 5.0

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