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Thirumalai Dasan K   19 March 2024

Rights and duties of pet owners

 

Dear Experts, A woman and a man brought two pets to the passenger lift at around 11.30 a.m. I entered first, and then they came in with two pets, and other residents stayed back in the corridor. I told that lady to use the service lift, but she arrogantly said, "No, I will come in this lift only. If you can afford it (Vakku), you go to a single ("independent") house. She said she would do it this way, and no one can question it, and even he called me'a rascal' and all happened in 15-20 seconds. I was just shocked, and she took advantage of a weaker s*x. They got down to the 12th floor, and I went to the 15th. Later, I came to know that she herself moved to this block from the other block recently, and a few residents in that block have also encountered problems with her. She is working for the Greater Chennai Corporation, it is learned. I requested the FMS for CCTV footage, and they said, "CCTV is not working in lifts and lounges in D2." Also, I referred to Section 11(1)(i) of the Prevention of Cruelty to Animals Act, 1960; Section 268 of the Indian Penal Code (IPC); and Section 133 CrPC. All is fine. Still, I want to go to the police. Am I entitled to? and what sections. Thank You in anticipation. 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

What is the reason that you wanted to make a complaint against her?The police will not entertain any complaint on the basis of your oral complaint without any evidence. 

You should remember that she can lodge a criminal complaint against you for discriminating her pet and also a false complaint for outraging her modesty.

The law says that pets cannot be disallowed from using lifts of the buildings. As per court ruling dogs/pets are family and so must have access to lifts in any society.

Housing Society cannot levy any extra charges or fees to the members who use a lift for their pets.

You may think about it practically instead of bursting out over such emotional issues.

No harm was caused to you when  the pet was taken by that lift, besides it is not an illegal act and also you are not an authority to prevent her from using lift for her pets.

If the other people have stayed back from using the lift at that time then it is their problem, you were not engaged by them to question this lady about this. 

Thirumalai Dasan K   19 March 2024

That's fine. The fact of the matter is that she was the one who used abusive language; neither I nor I have exploted her modesty; actually, she was not the modest one. The dos and don'ts of the association say pets are not allowed inside the park, club house, or passenger lift, and to use service lifts. There were two incidents in the recent past: a 3-year-old kid was bitten at the park, and an unleashed dog jumped on an elderly man at the lounge. Yes, I understand the evidence is required, but I lack it because the CCTV is not in order. I am at a loss to understand. 

Ex. CJI Ramana on 15/8/21: (Q) There is no clarity in the laws. We do not know for what purpose the laws are being made, which is creating a lot of litigation, inconvenience, and loss to the government and inconvenience to the public (UQ).

 

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Do you want to discuss your problem ion this forum or want to debate the judgment or personal opinion of ex CJI Hon'ble Ramana sir?

The association cannot put restriction against the pets by not allowing it into the park or the lifts, if any such restrictionare put then it is illegal and against the law in vogue.

Since you are aware that the lady is notorious, it would be advisable that you keep a distance from her instead of provoking her to implicate you in various false criminal cases.

Thirumalai Dasan K   19 March 2024

Thank you for your time & concern. 

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

you are wlecome for your aprpeciations. 

 

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