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Jatin Patel (student)     07 July 2017

A man in our society has cut all internet cables legal help?

A reliance broadband EDP (electronic distribution panel for internet like our electric power dp) is installed and attached to outer side wall of a society member's residence, that area is a common road of society and the wall is seperating the road and his residence balcony. He is saying he does not want the EDP to stay near by to his resident and don't want any cables passing near by his resident. He has cut all of ours internet cables.

The reliance broadband company is not ready to shift this edp anywhere else as they are saying it will cost them a lot.

I am wondering what legal actions can we take against him as legally he has no right to cut our cable and damage our property.

This matter is also not resolvable by internal discussion with society members as that man is a chairman of the society. He has became chairman of the society for 7 years around. He has not conducted any AGM or have not shown any account balance sheet for many years.

The thing is that he has dare to cut our cable and I want to teach him a lesson. So that he will never do same again. My problem is that there is no other internet service provider in our area. BSNL is there but when the internet is down no one is there to help and their speed is slow, too. 

I wish to get a new cable and connect again but it will cost me at least 1000 - 1500 rs. and he is openly saying if we connect it he will cut again and I am not only one, there are 5 people whose cables are cut but they want to compromise with him but I do not want to beg to him. It seems like he wants some money to allow to keep our cables near to his residence.

Please help what legal actions can be taken?



Learning

 14 Replies

Ms.Usha Kapoor (CEO)     07 July 2017

Cutting internet cables is a tort  or civil wrong. You can file a tort claim or suit  of injunction against the person to restore the cables cut at his own cost +   punitive or penal damages damages and also pray the court for preventing the chairman from cutting the cables again and again.

1 Like

Salman Shaikh   07 July 2017

You may complain it to the Registrar of the Co-operative Societies against the Chairman for not conducting timely meetings and not adhering to the rules and regulations as laid in the Bye Laws

Jatin Patel (student)     07 July 2017

Thanks for your reply. How do I complaint against him? Do I need to file complaint in a police station or in a civil court through a lawyer?

Also, he is threatening to cut cable if connected again but we do not have solid evidience against him. How do I prove he has cut the cable in the court?

In India it is very common of passing cables from one another's terrace. There are many cables i.e. television cable, internet, telephone etc. passing from our terrace what if I cut them and everbody do same? The society can not function in this manner. Is there any rule by government to protect it? I.e. under IPC?

Salman Shaikh   07 July 2017

You can proceed to the Police station and file a complaint against the person for Tresspassing as he is commiting unlawful activity on someone else's property. He has no right to do so, further he shall he liable for strict action for the same and instructed to pay for the damages under Tort or to restore it to the previous condition. Thanks !

Salman Shaikh   07 July 2017

Because there are no multiple options of ISP available in his Vicinity or Locality. He prefer's to have the same Reliance EDP and this is why he is so bothered.
1 Like

Jatin Patel (student)     07 July 2017

Originally posted by : Perfect Solutions
Why you are worried about the affair between the Reliance Broadband company and the individual society members? The company has its own army of legal network to tackle the issues.

 

yes, agreed. Ultimately its beetwen the service provider and the person who has cut the cables but we as a customer are suffering. I am contacting reliance broadband customer care since last few days and have informed them about cable cut but they are just replying that "matter has been escalated to concerned department and a resolution will be provided soon" and after all he has cut our cable and due to lack of other service providers we have to fight at this extent. I am writing this using JIO connection but 1 gb data gets used soon. sad‚Äč

Salman Shaikh   07 July 2017

IPC section 568 Public Nuisance, Section 208 Public Nuisance and Section 25 of Indian Telegraph Act can also be invoked in this case.
1 Like

Salman Shaikh   07 July 2017

IPC section 568 Public Nuisance, Section 208 Public Nuisance and Section 25 of Indian Telegraph Act can also be invoked in this case.

Jatin Patel (student)     07 July 2017

Originally posted by : Salman Shaikh
IPC section 568 Public Nuisance, Section 208 Public Nuisance and Section 25 of Indian Telegraph Act can also be invoked in this case.

Thanks. Its a helpful reply. But do I need any evidience?

Salman Shaikh   07 July 2017

Yes, you need to prove the evidence.Try gathering evidence or get other people favoured too in this case to make it strong against the person creating nuisance. Atleast you proceed to Police station so that to put a fear in his mind and he will further refrain from doing so .
1 Like

Jatin Patel (student)     07 July 2017

ok. Thanks for your valuable reply.

Salman Shaikh   07 July 2017

You're welcome Sir !

Kumar Doab (FIN)     07 July 2017

Report all wrongs of Chairman to the Registrar, cable operator, police.

1 Like

Kumar Doab (FIN)     09 July 2017

The persons/residents that are affected by his Acts may join you.


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