Harassment and exploitation complaint

Ishwar Dutt (Querist) 13 March 2020 This query is : Resolved
Respected sir,

I am a resident of SRS Residency Sector 88, Greater Faridabad. I am writing this email to share with you that the governing body is harassing and exploiting me since long and they are not addressing my issues at all.

My car is being damaged multiple times in the society and nobody is taking care of it. They compel me to pay the monthly maintenance charges but never help me in my issues. They dont even listen to me.

I want to take legal action against them. Can you please help me and guide me?

Regards

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Quick Summary

A resident of SRS Residency, Greater Faridabad, reported ongoing harassment and exploitation by their society's governing body. Issues included repeated damage to their car in the allocated parking, which was also used as a garbage collection point, leading to further damage from rodents and dogs. Despite paying maintenance fees that include security, the resident's grievances were ignored. Following advice from the community, the resident pursued legal avenues, including filing a police complaint and considering consumer court action. Ultimately, the resident reported that their problem was resolved with the help and support received.

Rajendra K Goyal (Expert) 13 March 2020
Payment of maintenance charges is basic requirement for smooth running of the Society affairs and managing maintenance. Non payment may attract action as per bye-laws of the Society.

You can put your grievances in the society meeting, may give in writing in advance. Send copy to Registrar of Society. May raise the matter as issue in next election of Managing Body.

If the Society is having CCTV, get the footage and lodge Police Complaint. If CCTV not installed, ask for the same.

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Raj Kumar Makkad (Expert) 13 March 2020
You have not mentioned the said issues which are still unresolved by the society or the Govt. functionaries without which it is very difficult to assume and rely.

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Ishwar Dutt (Querist) 14 March 2020
Gentlemen..thanks for your reply.

The main issue is that at my allocated parking area they have made garbage collection point which is troubling me lot. Dogs sitting on car roof, rodents destroying car cables, filthy place it has become. Then at the same place my car got hit multiple times and I escalated this issue multiple times but they don't hear it. I have spent lot of money in repairing. Then my bike petrol was stolen after breaking petrol pipe. So such incidents are happening since long.

I mean I am paying maintenance bill which includes security also and they are just not addressing my problems. So I want to take action against it. Registrar of society I know but don't know how to make complain. Please guide an effective way.

KISHAN DUTT KALASKAR (Expert) 14 March 2020
Dear Sir,
You may approach police or Civil Court and take injunction order against them restraining them from interfering with your person and property.

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Rajendra K Goyal (Expert) 14 March 2020
Whether the maintenance bill contains security charges and if yes, whether proper security deployed.
Try to get resolution accepted for boundary wall if it does not exist.
Raise issue for alternate garbage collection point on some corner / remote place in the society.
Complain to Municipal authority for health issues due to present garbage collection point.
Lodge Complaint with Municipality against stray dogs if enters / live in the Society.
For each loss bring the fact in writing on the record of the society.

Try to change bias management in next society election.

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Ishwar Dutt (Querist) 14 March 2020
Dear All,

This is very first time I raised my issues here at this platform. And, I am really flattered by getting very good advises from all of you..It has not only enhanced my knowledge but given me the courage to fight. I was feeling so depressed and afraid of going to police because everyone knows how they harass.. but feeling like supported by all of you. Definitely I will follow your instructions to make it right. I am thankful to all of you. Trust me, this fight is not easy and I would request you to keep sharing your expert advises for the same cause. Many thanks to all of you...Regards

Raj Kumar Makkad (Expert) 14 March 2020
This fight is not hard. You take photographs and also prepare a video of the site wherein you see such problems being mated out to you in and around your parking space and then make a written complaint annexing the photographs and the video to the Registrar of the Societies of your area. The earlier complaints made to the society should also be enclosed so as to show that no fruitful remedial action stand initiated by society management.

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Ishwar Dutt (Querist) 14 March 2020
You are right sir...I will take a note of this.

Rajendra K Goyal (Expert) 14 March 2020
Agree with the practical advice from senior expert Raj Kumar Makkad ji.

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T. Kalaiselvan, Advocate (Expert) 16 March 2020
As the experts suggested you are required to pay the monthly maintenance to the society regularly, you canot agitate on that for any reason nor can you avoid because you suffered some damages to your car.
The issue of damage to your car or any property can be taken up with the society either in writing or can raise the issue in the meeting.
If there is no effective action by the society then you can approach police with a criminal complaint against the suspected persons.
Alternately since the society is collecting maintenance and also has employed security services, you can issue a legal notice to the society and can even drag the society to consumer forum for deficiency in service.
You can discuss with a local lawyer and plan to initiate proper legal action as per the circumstances instead of watching the atrocities as a silent spectator, helplessly.

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Rajendra K Goyal (Expert) 16 March 2020
You can also file consumer complaint against the society for deficiency in service.

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Ishwar Dutt (Querist) 16 March 2020
Thanks Sir. I appreciate your advise. However, I have escalated this matter several times to governing body but they did not address it. Hence, I recently made a complaint to Faridabad Police and got their response. Since I was not in town, the police officer made the members of society to visit the police station and resolve the issue. Though I am not sure it will be resolved easily but you are right, I can log a complaint at Consumer Court too. Thanks for your precious advise.

Regards

Rajendra K Goyal (Expert) 16 March 2020
You are welcome, may revert on any new development.

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T. Kalaiselvan, Advocate (Expert) 16 March 2020
You are welcome for your appreciations, as suggested by other experts you may revert with more queries if you have any in future.

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Ishwar Dutt (Querist) 17 March 2020
Sure Sir. Thank you

Regards

Ishwar Dutt (Querist) 25 April 2020
Dear All,

With great gratitude, I want to thank you all for your great help and advises. My problem has been resolved. I was not possible without your support. I am thankful to this portal and all of you for your support. My best regards.

However, I will be posting my another query next to this message. Hope I will get the best of you. Many thanks

Regards

Ishwar Dutt

Rajendra K Goyal (Expert) 25 April 2020
Welcome and happy to note that problem is solved.

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