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Nuisance, defamation and harrasment

(Querist) 07 March 2012 This query is : Resolved 
Hi,

I need advice on what to do with a neighbour who lives in my apartment building and causes continuous nuisance. She lives with her aged mother and constantly interfering with the management of the apartment. For example, she abuses the security gaurd all the time that many quit citing her as the reason and we need to find new ones. She shuts of the lift when she feels like it. She sends abusive emails to everyone in the apartment and whoever is in charge of the maintenance. Sometimes in the past she has called my husband at work 20-30 times a day and when he doesn't pick her calls she'll call me and my mother in law.If nobody responds, she will send nasty random emails. She doesn't understand that people have jobs and do not have the time to talk to her 20 times a day. She fights with tenants and they leave the apartment because of her and the owners loose out on money trying to find new tenants to live here. My husband has told her to go and jump of a building because he was so annoyed with her. In January, I informed her that my husband and I are not in charge of maintaining the building and to not contact us again. She then stopped until yesterday when she sent a very rude email to my husband copying all the other apartment owners on it, something about he is very stupid etc. I then told her this is starting to look like harassment and to stop contacting us to which she states randomly that my husband whistles and flirts with her and that he has threatened her. The flirting part is laughable because he cannot stand the sight of her. The threatening part was when he told her to get lost and jump of a building. Incidentally, she has also accused another married man in the building of raping her, again laughable because he is a very decent person too. She accused one of married tenants of the same thing and that family moved out because of her. I am asking you for advice on what to do because although not a single neighbour talks to this woman and everyone ignores her, she constantly harrases us, causes problems like switching off the lift, firing the security etc. Is there anything we can do? Ignoring her doesn't seem to work.
Adv.R.P.Chugh (Expert) 07 March 2012
Get everyone together and file a case u/s 91 of the CPC - a representative suit for abatement of nuisance against this lady, as she is grossly undermining your right to enjoy your property.
Adv.R.P.Chugh (Expert) 07 March 2012
Not to forget your right to sue her for defamation under civil and criminal actions both. In the former you'd get damages for loss of reputation and in the other she will be criminally prosecuted.
Deepak Nair (Expert) 07 March 2012
You can definitely take criminal action for defamation regarding the statements she made against your husband and the mass insulting e-mail.
ajay sethi (Expert) 07 March 2012
let all building aprtament owners get together and file police complaint against her . it seems she is needing psychiatrist treatment .

it seems she does not have any work and is just trying to get some attention .
Nadeem Qureshi (Expert) 07 March 2012
Dear Querist
why are you hide your identity?
firstly show your identity, i will give my opinion
Anonymous (Querist) 07 March 2012
Thank you all. The neighbour I've been talking about, comes onto this forum and although she is not an advocate she gives us all unwanted legal advice from here that she gets and misinterprets sometimes.I don't want her bothering me about why I put this query online :)and so I remain anonymous.
Shonee Kapoor (Expert) 07 March 2012
It doesnot matter that you have put your alias as anonymous, it could have been another shoneek :P and no one would have been wiser.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair (Expert) 07 March 2012
taking necessary action, instead of lengthy discussion, only can help you.
Raj Kumar Makkad (Expert) 07 March 2012
Dear author! As you have told that the problematic lady comes and contributes on this site, she has read your thread posting and may react accordingly. Beware of her.....

Anyway, none is above law and none is permitted to intervene in the fundamental rights of any person to live peacefully. File police complaint turnwise against her. You may start and some days thereafter some other neighbour should also make police complaint and thus you are tease her to such an extent that either she shall have to mend her ways or she shall leave your locality.
V R SHROFF (Expert) 08 March 2012
JUST IGNORE HER.

NO ONE SHOULD TALK OR READ HER E MAIL OR SMS, AS IF NOTHING HAPPENED. YOU DO NOT ENTERTAIN HER COMPLAIN AS NOT IN MG COMMITTEE OF SOCIETY.
TELL HER, NOT TO TALK WITH U, OR I WILL SLAP YOU,. AS I DISLIKE TO SEE YOUR FACE.

TELL HER , GO TO HELL, OR COURT, OR POLICE, BUT NOT TO ME. ALL JOINTLY DO IT AND END THE MATTER. IT WILL END.
IGNORE COMPLETELY, DO NOT LOOK AT HER FACE TOO.
Sudhir Kumar, Advocate (Expert) 08 March 2012
Ignoring her as advised by Mr Shroff is advisable.

If this has failed then I remind you one saying. One who does not respect any turban he respects the red turban. Hnece criminal action will be suitable before she actually entangles your husband or any other male.

Letter her pay some amount of money to some lawyer to get out of trouble which she had been reaping.

If she is pretending she may improve by one/two days stay in lock up or otherwise she will be proved to by pscychiatric case.



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