01 May 2017
Hello All, I am writing this note purely to seek help and support from all you knowledgeable members of this forum.. I have a flat in a cooperative housing society in Sion and my flat is on the 2nd floor (below terrace). This flat is given on rent as I have shifted to Malad due to my health issues and my office is located in Malad itself. The person who stays below my flat has been harassing my tenant for several years now. 1 tenant has already vacated the flat and has infact moved to another flat in my society itself. The current tenant who has been living here for the past 2 months has also been harassed terribly by the person below and his daughter and wife. The society is very old, 30 plus years and any noise that comes form my house creates issues. Whether a child is playing, or even riding a small bycyle, etc. Most of the times, he has been creating stories and comes up to my flat and yells and abuse my tenant and their family members. Basically he wants to enure that nobody ever stays in my flat. He himself has come from a slum area and has bought a flat in my society several years back. I even went to the police station to file a complaint, however have been refused for a complaint as the Cop insisted that the party who is harassed needs to come forward for a complaint. My tenant and their family memebrs are extremely simple people and do not wish to get into all of this. However, have warned me that if this continues, my flat will be vacated. In 2 months period of time, atleast 7-9 such instances have happened. I am in an extremely helpless situation right now. I do notearn 2-3 lacs p.m. that I can afford to keep my flat vacant. I use my Chembur rent to pay my malad house rent. Please advise how can I go for a legal action against him and his family memebrs and how can I ensure that action is taken? I will be really obliged to get good responses. Even the society is not ready to intervene and has asked to file a police complaint.
02 May 2017
get a civil injunction against them restraining you from harassment. File a police complaint and get an order under section 107 Cr.PC binding them to maintain good behaviour. If they commit any cognizable offence then file police cases for their prosecution.
02 May 2017
Sir, Please understand that the person who is personally harassed can file a police complaint of harassment. You should request your tenant, who is the harassed person, to file a police complaint of harassment. The better alternative is to settle mutually whatever dispute that you have with the member downstairs. Police or Court will not be helpful if the harassment is not to yourself personally or to your family members. Good Luck, Kishor Mehta
03 May 2017
Hello Sir(s). Thank you for your valuable feedback. However, as mentioned earlier, my tenant is unwilling to report this case to the Police and doesn't want to get into all this. As a owner of the flat, don't I have any right to approach the police/ court? Please advice in this regards.
03 May 2017
"Most of the times, he has been creating stories and comes up to my flat and yells and abuse my tenant and their family members."
This I feel some thing is not related to law but some thing beyond which you may need to guess properly trying to understand their private life .
Once you get hold of it then matter can be solved easily
1) In one matter I found out same situation where some one was telling some thing rubbish about person residing above , after some time and further analysis case was cracked that person who created stories was actually suffering from some kind of hallucination and delusion and this was core problem of whole matter.
2) In Other case the plan was to get hold of that above flat as the person below wanted to purchase that flat only and not allow others to occupy as tenant or owner
3) There can be structural problem in the building by which it may be dilapidated etc.
Unless until you don't search and determine what exactly is problem then you can can not take wise step.
1) Even if you want to send legal notice to him , if we have proper and correct reasoning it will be helpful .
2) Since you are having problem now instead of getting agitated try to find what is exact problem with that person personally