Harassment by neighbours downstairs
Rahul
(Querist) 22 June 2013
This query is : Resolved
Dear Forum Members,
I have experienced a peculiar issue. I am the secretary of the society. The building has been due for redevelopment for last 5 years and there is dispute among society members and they are not agreeing to redevelop the building with personal intention to bring in their own building developers. On moral gorunds and in interest of other society members , we as committee members have not entertained this peronal interest of wanting to bring in own builder. Few reasons are for most people this their only flat and they are pensioners , tomorrow if the flat is not handed over to people , these people will be stranded.
Now as a secretary I have not given into arm twisting of these selfish society members and maintained that we will redevelop when we get a good builder and who will give timely possesion.
Since I have not given into the request , I have been facing following issues and harrasment:
1. Neighbours below our flat have been banging on cieling everyday with stone or hammer at odd hours to disturb us mentally for last 4 years.
2. They have cut off our electricity at 3AM in the night many times.
3.They have damaged our main door with stone and hammer.
To other members:
They have damaged their cars in parking area, now these people park outside society , somewhere far away.
They throw leftovers of fish and meat infront of vegetarian society members.
They have thrown stones at bike at night.
(All of these activities are done at night time or when nobody is watching)
As a result, society members have moved out by selling or living on rent now. They are scared to complaint against these harrasments.
For harrasment towards us, we have approached police and filed complaint. But police has not done anything, they say they need video proof and about the banging on cieling, they say it cannot be proved, though there are clear marks on ceilingof the neighbour when the police came to check after my complaint. I have made several complaints to police and higher authoritis over last 4 years, they have been taken by police to police station. But they still continue banging the ceiling with stone/hammer.
Yesterday i caught the lady below at 7am in the morning with stone in our handed and she had ponded at the door and wall. Again made polie complaint, but police said they cannot take action as there is no video proof.
I am not sure what to do more, I cannot record on video what they do in their house and my family is disturbed , my son is in 12std unable to study , we have sent him to hostel.
Please help me how can I sort this problem. we do have any other house.
Thanks
Rahul Kumar
Devajyoti Barman
(Expert) 22 June 2013
All these are criminal offences You can initiate criminal case of trespass, nuisance and criminal intimidation.
Only criminal case can stop them now.
Rahul
(Querist) 22 June 2013
Dear Sir,
Thank you sir for your kind reply.
However , There are no video proofs as asked by police, how do we go about this? We have filed NC but still are being harassed.
Rahul Kumar
Devajyoti Barman
(Expert) 23 June 2013
No video proof is required to initiate a case. 'if police is reluctant and then go to court and file case u/s 156(3) or u/s 200 crpc.
prabhakar singh
(Expert) 23 June 2013
Why do not you ask them how did they use to prove cases in days there were no video technology.Things can be still proved by oral evidence.If police is reluctant apply before the magistrate u/s 156(3)Cr.P.C.
V R SHROFF
(Expert) 23 June 2013
Even Video & Photo need to be proved by Oral Evidence of Witnesses.
Lodge Police Complain/ inform SP. DSP.
Finally lodge 156(3) with Magistrate in local Court.
Can move co-op court/ Asst Registrar too for harassing Mg Committe
Recording will help.
Rahul
(Querist) 23 June 2013
Dear Sirs,
Thank your for replies , it is encouraging to receive help from this forum.
The video recording is not possible as we cannot record what they do inside their house plus it seems like intrusion of privacy of their space. We have photos of damaged door and wall of our house.
However, we will try the recommendations given here.
Thanking you again.
Can damages be seeked with regards to mental harassment and torture?
Rahul Kumar
prabhakar singh
(Expert) 23 June 2013
q.Can damages be seeked with regards to mental harassment and torture?
ANSWER:YES! BUT BY A CIVIL SUIT BASED ON TORT SUIT WOULD LIE EVEN FOR DAMAGES CAUSED TO PROPERTY.
WHAT DOES YOUR CHS RULES SPEAK ABOUT ALL THIS?
A. A. JOSE
(Expert) 23 June 2013
While I fully endorse views expressed herein by learned experts, it is felt that strange is the requirement of videography said to have been demanded by the Police for registering case. This is neither a requirement under the law nor justified . You may personally approach the DSP or Police Commissioner to seek their intervention into the matter before going to the Court of law.
Rahul
(Querist) 23 June 2013
Dear All ,
I had Personal Visit on Saturday Rounds to DCP and Also i Have Submitted letter to Commissioner about all the Incident.
DCP Ans : Without the prove we cant take action and if i can collect more people saying g that they are causing trouble in your society and also too you .
But No one wants to involved in Police case and all so all are Keeping away form the Matter.
As Individual i am Complaining in writing to Sr.Police Inspector and Also to DCP but No action form there side Saying we don't have proof .
For Past 2 years i am complaining to police station and they are just called there and asked are you doing so and so ... Ans form them is "NO"
Does anyone will Tell i Did the Crime.
Thank your for all replies !!
Regards ,
rahul
prabhakar singh
(Expert) 23 June 2013
WITHOUT ORAL EVIDENCE YOU WOULD NOT SUCCEED EVEN IN COURT.
Sudhir Kumar, Advocate
(Expert) 23 June 2013
supportless person becoming office bearer suffers like this only.
Rahul
(Querist) 24 June 2013
I am stuck, I do know how to take care of this. I am a senior citizen.this mental health has affected my health. Committee members are also not co - operating or helping me.
Anirudh
(Expert) 24 June 2013
Dear Mr. Rahul,
While I will be the last person to support any such arm twisting tactics by any one, I feel that you are also to blame.
When the building is due for re-development, did you put this as an agenda in the Committee Meeting?
Did the majority of the Members approve such a re-development? Was their any recorded minutes of this? When did they approve?
(If they had not cooperated and had not approved, how come some members with the so-called personal interest are saying that they would bring in the builders known to them?)
Once they committee has approved, why don't you call for a detailed tender? In that naturally everybody including the builders who are known to some of the members may take part. If successful, you can entrust the job and watch for the completion and possession. In case of any delay, better take the builder to Court.
At best, if you are a senior citizen and are unable to handle the pressure, and that is the reason why others are troubling you, Why don't you give up the secretaryship? (I am not suggesting that you should run away, but if that would bring in peace and your health could be saved, especially when other committee members are not co-operating, why are you taking such a thankless burden?)
Rajendra K Goyal
(Expert) 24 June 2013
Agree with the views of expert Sh. Anirudh ji. You should not do the thankless job at the cost of mental peace and health.
If social service is motto, there exist other fields also.
Alternately, if you are of the belief that you will be having some evidences, file FIR through court u/s 156(3) CrPC.
A. A. JOSE
(Expert) 24 June 2013
Ways of justice is....strange....indeed ! Who will risk their lives by supporting innocent citizens/victims against goons and Gundas ? Perhaps, wise course for you under such situation would be to find other amicable solutions. Even if the Police registers your complaint, for want of EVIDENCE ultimately you will be the loser.
Sudhir Kumar, Advocate
(Expert) 24 June 2013
(1) YOU ARE SENIOR CITIZEN AND HAS NO PHYSICAL STRENGTH.
(2) YOU HAVE NO FINANCIAL STRENGTH TO FIGHT FOR YOUR OWN.
(3) YOU HAVE NO SUPPORT OF THE COMMITTEE
(4) POLICE DOES NOT CARE FOR YOU DESPITE BEING SECRETARY.
All these things indicate that you are perhaps most unsuitable person to protect the interest of the members. Yet you are persisting not only to be Secretary and also continue with the contract which as observed by Mr Anirudh is irregularly awarded.
Sudhir Kumar, Advocate
(Expert) 29 June 2013
repeated http://www.lawyersclubindia.com/forum/Harassment-by-neighbours-downstairs-83124.asp#.Uc79ItjQzmk
