Illegal gate in common corridor and threatening of false case

Originally posted by : Arindam Roy
	I have purchased a local builder 2 bhk flat in Vaishali Ghaziabad in GDA. It is a four storey building and there are 4 flats in each floor. Now my adjacent neighbour has built a iron gate in the common corridor as his flat is in the corner and no one needs to go to that side of the common corridor. He did not asked for my permission before installing the gate. When I got to know that he is going to build the gate in the common corridor I opposed it and I asked him not to build the gate in the common corridor as it would affect my wall as it's a single brick wall. Moreover it will hamper my privacy his main gate has now is now almost near my main door but it was supposed to be far from my main door. But he threatened me and my wife saying he is a supreme Court lawyer and I don't know his power, he will frame me in false case and send to jail. He and his wife started to abuse us and his wife tried to hit my wife with a hammer. We were very scared and let him make the gate. Now we are getting very disturbed seeing the gate and it is affecting our privacy. The neighbor is a friend of the builder and the builder is not supporting us as well. I did not call the police as they were threatening that he is a supreme Court lawyer and he keeps police in his pocket. I am afraid to complaint in GDA as well as I heard that people in GDA are corrupt and they does not help common people and moreover the builders have a very good relation with the GDA top officers. It has been 7 days since the incident happened. They keep threatening us as he is a Supreme court advocate. His wife keeps threatening us that they will send us to jail anyway and abusing us. I am feeling helpless. Please advice

Write an application with demanding reply to your building secretary did he(neighbour) got permission from society to build this gate,

if socity reply(in written) that they did not approved him to build gate then go and file report to police and show the reply of society secretary.

But if society say that they have approved him,then you can not do anything....because he(nneighbour) will proved in court/legal authority that he has been approved by majority of society and due to your personal problem you are fighiting with him.

So if you able to bring the reply in written then go ahed.

Originally posted by : Arindam Roy
	This is not a society flat or building. This is a local builder building which is newly built. Therefore there is no building society former yet. Me and my wife both are private job employees. We remain very busy the entire day. I want to know if it would be a wise idea to file a court case against them. And please give me a approximate expense to fight a civil case.

But keep in mind that if he obtain permission from majority flat owners even from your same floor and promoter then he may win his case.

For civil it may range from 5k-10k depend upon charges of advocate.But court fees are less than advocate fees.

But i again suggesting you keep documentation evidence which support you and against him(neighbour).Collect signature from neighbours in application against his act og making gate.

Mr.Sb. Karma is wrong. Even with permission of majority flat owners no structure can be made outside of the flats. You can file a case in the consumer court against the builder for permitting the iron door of the flat. Don't be afraid of the Supreme Court lawyer. There are any number of them.

Research for easement rights and send a notice through counsel to assert your easement right of passage. And the next time he goes about throwing his weight as a Supreme Court advocate, ask for his Bar Enrolmemt No, and complain to the State Bar Council. I'll doubt if he's a Supreme Court lawyer; he must be some tuccha sadakchap lawyer; if he's really a Supreme Court lawyer, ask for his Supreme Court Bar Association No. and complain to SCBA.

Research for easement rights and send a notice through counsel to assert your easement rights of passage and privacy (Google search for these terms to find more). And the next time he goes about throwing his weight as a Supreme Court advocate, ask for his Bar Enrolmemt No, and complain to the State Bar Council. I'll doubt if he's a Supreme Court lawyer; he must be some tuccha sadakchap lawyer; if he's really a Supreme Court lawyer, ask for his Supreme Court Bar Association No. and complain to SCBA.

You can take legal action. As the preliminary step, sere a legal notice setting our all the facts as well the issues.

1. the Gate is clearly constructed in a common coridor which is leading to their flat. It is not obtrcting anyone else's way as their flat is in the corner. But it is affecting my privacy and causing me disturbance. Moreover it is clearly mentioned in the registry that no flat owner is allowed to contruct anything in the common area. They are in a denial mode to accept that the passage leading to their flat is a common area. 
   • Now, please suggest if the case is in my favour or not. 
   • What case can I file against them for this illegal construction in the common area. 
   • How long can the case may run.
   • What can be the approximate expense of the case.
   • Is it wise to file a case as me and my wife both are private job employees.
2. What can we do about the threatning of framing us in false case and send to jail. He claims himself as a supreme court lawyer. His wife and himself is very abusive towards us. they are doing this again and again. 
3. Can we write a compplaint to the SSP and Chief minister?

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	Mr.Sb. Karma is wrong. Even with permission of majority flat owners no structure can be made outside of the flats. You can file a case in the consumer court against the builder for permitting the iron door of the flat. Don't be afraid of the Supreme Court lawyer. There are any number of them.

I think you misunderstood my view.......

I am saying to go legally but with keeping proper paper and sign of all flats owners,because client is much in fear of legal matter.

So when he will go for legal action he will afraid of lengthy legal process,that's why i am suggesting him to keep proper papers against him.And in court if he show any appropriate reason due to which he needs to do that act,then case may be affected,thats why it is clever steps to take precautions before going legally.

If you hurt be my view i am extremely sorry....keep happy

What the Pretender Supreme Court Lawyer (PSCL) has done amounts to encroachment of the common area. But as no society has been formed there is no one to claim and protect the 'common areas’. Until a society is formed the builder owns the common area. He may have a secret understanding with the PSCL. He may have sold the area between the front door of PSCL and the Iron Gate. If so your right can come under easement right. Actually there is a conflict between your easement rights and that of the PSC. But easement laws are very complicated and confusing and I would not advise to proceed along those lines. Actually both of you should stay clear of that common area. The fastest thing would have been to file a case against the builder for the ‘Unfair Trade Practice’ of selling or ceding of the common area to PSCL to your detriment. The consumer court can order the builder. But the PSCL will not come under the Consumer Protection Act. If you complain against both of them, you will have to go to a civil court only