Neighbour install cctv


Our neighbor has install 2 CCTV cameras. Instead of installing on his door they have install almost 7-8 feet away from his door. One of camera is peeping into our flat, we can see this camera from our bedroom. Other camera is pointing towards lift and capturing common lobby place. We asked neighbor to remove this camera & install it on their door but they refused to do so.
We complained against these CCTVs to society members & builder also.But no action taken yet.
Things not stopped here, neighbor started misusing of CCTV and registered false complaint in dadar police station.
We lost our privacy, don't know what to do?
Please guide us.

 
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Advocate

First of all, get a copy of both your society's Memorandum of Association (MOA) and Articles of Association (AOA) & go over Objects' clauses, as well as Rules/Regulations made in this regard. See whether there are any specific clauses relating to construction of security camera systems/CCTVs. Keep it as secondary documentary evidence, as such proofs are legally admissible before courts in attested/notarized format.

Regarding your query on violation of your privacy rights, first send a legal notice to your neighbour. The notice must include, amongst other facts, the fact that as CCTV is directly positioned outside your window, it captures every incident committed by you within your room.

Include the fact that installation of this CCTV outside does not really protect your neighbour against strangers, but instead violates your right to privacy. Being a woman, you are entitled to claim privacy rights against everyone else, which, from perusal of your stated facts, is not the present case.

If, in spite of serving legal notice, your neighbour does not remove his CCTV camera facing your room, file a private complaint with your area Judicial Magistrate u/Section 199 CrPC. Allege, that through your neighbour's positioning of his CCTV camera outside your room window, there is a possibility of his having voyeuristic tendencies towards you. And that, although you had complained many times to your society members/builder about this problem, they did nothing to help you.

File criminal charges in Sessions Court against your neighbour u/Section 354-C IPC (voyeurism). It seems very odd that why your neighbour would position a CCTV camera facing your window, when there are many other places he could have installed it to his advantage, instead of only your house.

You could take aid of Bombay High Court Legal Services Committee, as you seem to be living in Dader, Mumbai. They will be able to help you out.

If there is anything else I can help you with regards your legal query, please don't hesitate to contact me at: basu_kunal@hotmail.com.

Kind regards

Advocate Kaybee

 
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Dy Director

have you contacted thana

 
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