My husband and I are renting at a co-operative housing society called Vasant Valley in Goregaon East, Mumbai. I have been receiving phone calls from the watchman via the intercom phone, and my husband is accosted by the society manager in the morning on his way to work regarding ONE PETTY ISSUE, which is:
- I put my garbage bag out at night (after 11pm), since we work in a field where we have to work late nights, and wake up late. The garbage collector comes early in the morning. We do not wish to get up just to give the garbage in the morning and break our sleep. The garbage is in a black garbage bag, tied neatly, not leaky, and is kept in front of MY DOOR ONLY. But we have consistently been told that the complaint regarding us putting our garbage out at night has come from my neighbour ("bajoo wallah").
- 6 months ago the watchman told me that our neighbor had complained about the garbage being out at night. I asked him if this was a society rule, and he said “yes”. So I started carrying the garbage down myself to the general dustbin every single day.
- Then, 2 months ago I noticed that my neighbour (the person who had apparently complained to the society) was himself keeping his dustbin out in the morning, sometimes till 11am. At this point, I called the watchman, who had earlier told me that keeping the garbage out is against the society rules, and asked him if that was true. He then said that this is not the case. At this point, I told him not to call me on the intercom and harass me regarding an issue which is not a society rule, rather a personal issue a neighbour has with me.
- My husband also went to the manager and asked him for a copy of the society bylaws so we know what the rules are. The manager said that HE CANNOT PROVIDE US WITH THE BYLAWS SINCE THEY HAVE ONLY ONE COPY, AND THAT THEY DON’T HAVE ANY SPECIAL BYLAWS, ONLY THE GENERAL SOCIETY BYLAWS. (Question: Is this possible that they only have general bylaws, and that nothing has been added to it with specifics regarding our society? Also, l isn’t he obligated by law to at least show us the bylaws if he is making a complaint?)
- After asking to see the bylaws, the harassment stopped for a while. But again, today morning, the managers stopped by husband when he was on his way to work, telling him not to put our garbage out at night. My husband again told him that since it is not a society rule, there has been no notice also about this on the board downstairs - and our neighbor himself puts out his garbage bin out in the morning, which sometimes stays out till 11am - we will not be complying with his request. At this point, the manager said he would 'complain' to our landlord. Which he did. Then our landlord called my husband, and asked him to sort it out with the society manager.
- Simultaneously, I got a phone call on the intercom from the watchman telling me the very same thing. I told him that he cannot harass me about personal complaints a neighbour may have about an action which does not breach any society rules. To this he replied that if someone complains, it is his duty to intimate them. At this point I reminded him that I had complained regarding various matters, no action was ever taken. These matters were:
1. Man who lives on the floor above, stealing our newspaper, whom we once caught red-handed. We complained to the manager and the watchman, yet not one single call was made to the offender. The manager said he doesn't want to deal with the man as he is difficult. We now have to get our paper from the watchman (the newspaper boy has been instructed to leave it there, as it gets stolen from our door).
2. When our neighbour (same person who made the complaint) has visitors during his Satsang, his guests put their slippers in front of my door. I asked the watchman to call them and request them to remove the shoes. He refused to call them; instead said "throw away their slippers."
3. Kids were ringing our doorbell and running away, for three weeks straight. After enduring it for a while, I asked the watchman to warn the children, or their parents. Again, he refused to call them and asked them to deal with them myself. (Question: Why are they acting on my neighbours baseless complaint multiple times, but never once on our valid ones?)
- There was a notice put up a couple of months ago, requesting everyone to remove stools, etc from the common area on each floor. Another neighbor of mine has still kept his stool out, as have most of the people on every floor. My husband asked the secretary why this rule is not being enforced, specially since blocking staircases is a fire haxard. To this, the Secretary said, "no one wants to remove their stools so the society has scrapped the idea." (Question: How can they arbitrarily enforce and scrap society rules without any intimation of the same.)
- My husband asked why we were being singled out and harassed for putting out the garbage, when lots of people do it, and it is not a society rule, and there has never been a single notice about it. To this, he said that “lots of people of the society want this to be a rule”.
- Finally, by husband said this: 1. You have to put up a notice at the very least, informing everyone that they cannot put out their garbage. 2. This rule needs to be enforced, meaning everyone needs to follow it, this rule cannot be enforced on one person and not on the other. 3. If the notice is put up and everyone follows it without exception, ONLY THEN WE WILL COMPLY. The Secretary said that he will put up the notice at the soonest, but I know he won't get around to it. And the manager and watchman will continue to harass us.
So, is this a case of harassment? If yes, what is the next step for us? Please do not suggest "talk it out" because clearly, we have tried that, and it failed. The next time we get harassed about this, should we make a police complaint about harassment. If yes, against whom? Or is there another legal step that is better? Please advise.
A. Bhattacharya
Mumbai, Goregaon East
