• Distress caused by landlord

Hi,

This is regarding the distress being caused to me by the family of the landlord of the property I am staying at.

This is seeking a suggestion at this point in time as I am not sure at present that complaining will serve the purpose or not and the evidence I can have will be sufficient enough or not. 

Let me brief you about the situation.

I am staying as a tenant on the above mentioned add since 01/02/2012.The landlord is no more. His family is acting as  landlord. I have been working as a BPO professional  and consultant for 10 years.

The main issue is The family of the landlord particularly his 2 sons use derogatory language for me and call me insane or crazy. I ignored that in the beginning but they have started doing so quite often now. Moreover they invite the people from the neighbourhood or nearby and cook a lot of false story about me. They say to  them about me that I am mad because I keep myself completely occupied with my work, take food at 3-4 O'clock in the afternoon and watch TV till 12.30-100 at night and read till 2.30 or 3 am.When I work as a consultant or freelancer I work for 10-12 hours and take care of domestic needs like food etc myself as I am single.  1 month ago I have resigned from the work I was doing for the preparation of some exams. Now they have started bullying me and addressing me in the above mentioned way at least 20 times a day. Even when I am reading something or take turn while sleeping they do the same thing deliberately to disturb me .This is causing a lot of distress to me and effecting my work it is also consuming my time. I have advised them not to do so in a friendly way and also in a strict way but it hasn't effected them.

After I conveyed my points strictly to them couple of times they have aggravated the bullying towards me. Now they have involved other members of the family as well. In fact the lady who got married to the eldest son is leading the team now. Their mother also gets involved some times.

I have the doubt that they including the lady married to eldest son may frame some false charges against me. I have also heard them talking loud that they will kill me/chop me in my sleep. I have the doubt that they arrange the arms as well some time to keep inside their house. I don't know the licensed one or  they possess it illegally.

The problem seems to be simple and practically, the best possible way is to vacate the premise and go somewhere else, which I can do. But, what I think is people should be aware about their civic duties. They should know that these kind of activities are not good for any one and for the society as a whole. They cause a lot of distress, killing of working hours and hamper growth. Example should be set in the society so that people should be aware about these.

We should have some concrete structure to deal with such civil and domestic issues as well.

Could you let me know, should I formally lodge a complain regarding the same. I have some idea that using derogatory language or calling someone insane is a crime.  If I do so what kind of evidences will be required? I can try to record their behaviour But I am unsure about the witness as I don't interact with people over here. But, investigating it with the same people whom they tell the false story about me may hint or give the indication about their behaviour and stories.

I haven't contacted with any lawyer as yet. Please advise what to do.

Please respond asap.

Let me also enunciate few events that took place during my stay here and also their activities.

1.I was supposed to stay on the 1st(2BHK) floor where I stayed for 1 year approx at the rent of 6500 including electricity. Then I was told by them to move upstairs into the 2 room set without reducing the rent. I agreed on that on humanitarian reason.

2. They take the rent only in the form of cash for which they don't even give the voucher. When I tried to convince them for paying through cheque, they suggested to me to not pay into the account of land lady but into the account of Sunil as the lady account will be under the scanner. I agreed in doing that.

3. They were not agreeing on making the rent agreement in the beginning itself, but I convinced them somehow. Then they didn't renew it after 11 months.

4.Their reason for telling me to move upstairs was that they didn't have enough space to keep the items Sunil got may be in the form of Dowry(not sure) on his marriage.

5, Sunil doesn't regularly go to the office but claims that he is PSU employee.  

In the meantime, or till the time we reach to any decision my safety and security might be a concern. In case, any charges are framed against me please review and do investigate on the basis of the situation mentioned above.

In case, any harm is caused to me my landlord at present Sukhmayi Devi (Wife of Late  Prem singh solanki), Sunil solanki & his wife and sandeep solanki will be reponsible for the harm.

Please respond, how to take it further. 

Thanks & Regards
Asked 2 years ago in Civil Law from New Delhi, Delhi
1) refuse to make cash payments for rent . make all cheque payments for rent . if they refuse to accept cheque dont make further payments . let them file suit for eviction 

2) record the threats made by your landlord family . 

3) on basis of said recording file police police complaint for criminal intimidation against family members . 

4) however best option is to vacate the premises .
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Dear - "LIFE IS PRECIOUS"  Dont waste it just because of some filthy morons. 

As there has been no physical violence till date , however with above mentioned behavior of your landlords - I assume they might get into such without second thought. It is advised - look for an alternative rental accommodation for yourself and move out quietly.

Alternatively 

you can file a police complaint about all the harassment you are facing - which would surely aggravate the current situation.
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Hi, it is better you can vacate the premises and move to some where else and filling a complaint and other legal proceedings will not help you much.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Rent should be paid by way of a cheque. If cash payments are made the rent receipts issued by the landlord under his signature should be obtained. If no receipt is obtained then there is no proof of you having paid rent. Do not pay rent in cash. 

2. You should lodge a police complaint against the family of landlord for criminal intimidation.

3. If you have an apprehension that you may be forcefully thrown out of the rented promises then file a suit for injunction to protect your rights.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Audio/Video record their such illegal acts,

2. Lodge a police complaint against their such acts against you,

3. Pay through cheque to the legal heir of the land lord or pay through cash only after getting signed rent receipt,

4. Best course of action on your part will be to vacate the said premise and take up a new one,

5. New premise will give you mental peace which you dearly require to pursue your job/examination.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. If you have been paying the rent by cash till now without getting any acknowledgment thereof then it was a blunder which may cost you dear in the event the dispute reaches the court. As advised earlier, pay rent either by cheque, or obtain receipts for cash payment.

2. Taking of dowry by them has no co-relation with your dispute. Even if they have taken dowry it is for the bride or her parents to set the legal process in motion by filing a complaint.

3. If you file a case of illegal possession of arms without producing any proof then you may be prosecuted for defamation by them. Furthermore, the court may order you to pay crores as damages on a lawsuit brought by them.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1)you dont want to aggravate the issue . by lodging complaint of tax evasion  they may become more violent . 

2) if the son goes to office once a week or so it is his funeral . he may soon lose his job . dont complain to PSU in this regard . 

3)if they have taken hefty dowry it is for lady who married into family to complain of dowry harassment 

4) if they possess arms police will take action against them . you have no evidence in this regard . 

5) better shift to alternative accommodation if you apprehend risk to your life
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1)why you want to waste your time and money in running around court and spending lot of money on legal fees . ?

2) no need to file defamation suit . just shift and move on in life . criminal complaint for defamation may take years to be disposed of . 


3) yes third party can file complaint regarding tax evasion .but my advice to you is dont take any legal proceedings
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. Your decision is right,

2. First move out as quickly as possible,

3. After that we can discuss about your future plan to take up further issues legally depending on the situiation found after your vacating the said premises.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. Audio/video recordings are valid proofs of the commission of an offence. 

2. Defamation suit can be filed by you if you have been defamed, but as of now it is in your interest to vacate the premises.

3. Tax evasion complaint can be filed by third party if he has proof of evasion.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
It is friendly advise to shift yourself on apprehension of life risk.since tax evasion suit can be lodged by even third party.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

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