Nuisance of a tenant

Querist : Anonymous (Querist) 08 May 2023 This query is : Resolved
Ours us a newly formed society of 9 Nos. dwelling units.
One of the members has given his flat on rent.
He picks up fight over petty issues and use abusive language which offences other members living close by.
Recently he has even attacked physically poor service providers, who had come to fix dish antenna, and hurting them.
How can this be fixed?
G.J.PATWARI

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Quick Summary

A newly formed housing society is struggling with a tenant who frequently causes disturbances and uses abusive language, even resorting to physical assault against service providers. While individual residents can lodge police complaints, particularly for physical assaults, the society's ability to directly intervene with the police is debated. The consensus suggests affected members should issue legal notices to the tenant or owner, and if that fails, pursue complaints with the police or local civic bodies, always referencing the society's bye-laws for guidance.

Sudhir Kumar, Advocate (Expert) 08 May 2023
as far a assault on the mechanic is concerned, you cannot do anything. It is the mechanic who has to lodge police complaint.

If he picks up fight with "A" then must be causing disturbance to others "B", "C", & "D".

it it true.

T. Kalaiselvan, Advocate (Expert) 09 May 2023
If the tenant is creating unnecessary nuisance, you as one of the members and affected person can very well instruct or issue a legal notice to the troublesome tenant or inform his owner about it and ask him to bring this tenant under his control failing which the tenant may be asked to vacate.
If this is not working then you can make a complaint with the society and it can issue a legal notice to the nuisance creator restraining him from indulging in such embarrassing activities.
If this step also is not effective then you may either give a complaint to the police or the local civic body about this unruly behavior of the tenant.
If that mechanic was assaulted then he only has to lodge a complaint against this arrogant tenant.

Dr J C Vashista (Expert) 09 May 2023
How does 9 members unable to tackle nuisance creator ?
Call police after proper thrashing by members/ ladies despite the fact such persons do not have fear for law.

Advocate Bhartesh goyal (Expert) 09 May 2023
Any office bearer or member of society can register complaint against tenant for his such act.

Sudhir Kumar, Advocate (Expert) 10 May 2023
I am sorry to hold a different view.

The society does no t have locus standee to make such complaint to police.
In case any crime (public nuisance/private nuisance / annoyance /mental injury etc) has been committed against any resident of the society, then it is the said resident (singular or plural) who is/are the victims and will be the witness. So it is they who have to make the complaint to the police. Any office bearer can also make such complaint in private capacity.

Further the mandate of the society (enshrined in society constitution) generally does not extend to be interface with the police. The can at the most follow up the complaint made by the resident.

Further if the complaint is made by society then the victim (actual witnesses) will sleep on the back seat and the case will fall (may be even before FIR)

Further in case any advocate is to be engaged then the society will be bound within the limits of the Society Constitution and may not be able to share any budget on this issue.

A V Vishal (Expert) 10 May 2023
Plain and simple, what does the society bye-laws state follow them. In case of nuisance you can approach the police and file complaint against the errant owner and the tenant

Dr J C Vashista (Expert) 11 May 2023
Individual member (s) may lodge police complaint.
I agree with advise of expert Mr. Sudhir Kumar, society bye-laws have no such provision.

P. Venu (Expert) 12 May 2023
If there are actionable cause of action, the affected persons may initiate action in accordance with law.

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