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Mike (Other)     10 August 2014

Abusive secretary and managing committee

My cooperative Society is in Mumbai has some 50 members. Lot of members have mounted Windows grill, AC units etc next to their windows. And I have mounted a Dish TV Antenna next to my window. Now the Secretary and managing comittee is asking me to remove the antenna and put it somewhere else.

They claim that it has been mounted on the society wall. I have refused to do so and told them that I would remove the antenna only when other members will remove their AC units and Windows grill that they mounted on the society wall. 

Every few days the secretary and managing comittee keeps harassing me (either by letter or verbally) threatening to levy a fine for the antenna mounted. Multiple times they have threatened that will forcefully remove the antenna if I don't remove it mysellf. So far I have been pushing back on them saying that I won't remove it unless other members remove their items.

Now I will be travelling for work purpose for next two weeks. My wife and parents will be at home but I am concerned that they would forcefully remove the antenna in my absence. What legal protection do I have in this scenario? Can I file a FIR with Police if they do such a thing as they will destroying my personal property? or should I approach to the Deputy registrar of co-operative society for their continuous threats etc? 

Please Please Help! I am having lot of trouble and sleepless nights because of this.



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 5 Replies

Advocate Vishnu (Advocate)     11 August 2014

yes, you may lodge a complaint at your jurisdictional police station if they destroy your property.

Mike (Other)     11 August 2014

 

Originally posted by : Advocate Vishnu

yes, you may lodge a complaint at your jurisdictional police station if they destroy your property.

Under what law and section? As there are many laws, which one would be applicable in this scenario? It would also be great if you tell me the section as well. It is in my experience that we have educate the police as well when we go to lodge a case. 

And lastly, is there any relief provided by law against continous harrassment by the secretary and managing committee?

Mike (Other)     11 August 2014

Originally posted by : Mike

 




Originally posted by : Advocate Vishnu






yes, you may lodge a complaint at your jurisdictional police station if they destroy your property.






Under what law and section? As there are many laws, which one would be applicable in this scenario? It would also be great if you tell me the section as well. It is in my experience that we have educate the police as well when we go to lodge a case. 

And lastly, is there any relief provided by law against continous harrassment by the secretary and managing committee?

Are there any lawyer or law student on these forums who understands the everyday law of Indian citizens? or is it simply a forum for advertisements and useless discussions?

Similar online forums of western countries are much more useful to their people, Can we atleast try to help each other? Please!

Advocate Vishnu (Advocate)     11 August 2014

You may lodge a complaint at the police station . It is the duty of the inspector to register an FIR against the accused after inquiry. You need not worry about sections to lodge a police complaint. They might charge the accused under various sections of India Penal Code only after inquiry. Ex. Tresspassing, wrongful damage..etc

T. Kalaiselvan, Advocate (Advocate)     13 August 2014

Your worry is about their threats or about the law and its section.  You have been advised to lodge a complaint with the police, so you have to complain about the problems you face and not the law involved.  Do not under estimate  the police that they don't know law, they are law enforcing authorities, they are supposed to know law.  Besides, you said that they have threatened you verbally as well as through letters, have you given a reply to their written notice?  If not better give a reply notice legally through a lawyer  representing your grievances against the society office bearers for their partiality  and other incriminating activities against you and restrain from indulging in such activities in the future failing which you will be compelled to initiate appropriate legal actions against them seeking relief and remedy.


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