With hereby to inform you that i've given my house to a person on a rent since 2 years ago. This fellow was not making proper payments of the rent and after completion of the rent agreement he has asked for some time from us as he was saying that where we will go from here we are not having any other arrangement to stay. So I've alloted some time to the above mentioned tenant in a goodfaith. After alloting time to that person all these lockdown happened but we have not made any new rental agreement with the above mentioned fellow and also we have not pressurized that person to give rent during the phase of lockdown. As the lockdown was cleared and the situation was recovering properly we have told that person to leave the home after completing all your dues. The same person has not cleared his rent dues and had made setoff against the security deposit. As well as also not cleared the electricity dues and in mid of January left the house without informing to us and has given the key of the house to the watchman. We have tried our level best to inform that person that please clear the electricity dues otherwise the electricity department will cut meter. But he is not responding to us properly and only giving time to us that today, tomorrow or that respective date i'll clear the dues. And at the time of leaving our rented house this fellow has also destroyed our property, for which we have expended from our own pocket. We have gone to the police station also but they are just like available for us only if we will give bribe to them. The above mentioned tenant has put my mobile number in a block list as well as blocked from whatsapp also. So, I'm currently requesting from you that please help me to figure out what remedies or action which we can take against the above mentioned tenant.
Thanks & regards.
Hello,
I can understand how frustrating all this must be, I suggest you to approach a practising prudent advocate as soon as possible. Also you can’t let the police get away with something like that, here is some info on what you can do against police harassment,
In view of the absence of an effective framework for accountability against police misconduct, the Supreme Court in 2006, in the case of Prakash Singh v Union of India, directed states to establish Police Complaints Authorities at the state and district levels. The recommendations of these authorities for departmental or criminal action against a delinquent police officer would be binding, as per the court. An independent appointment mechanism for the members deciding complaints was also provided.
The court noted that the National Police Commission had, in its first report in February 1979, dealt with the modalities for inquiries into complaints of police misconduct to be conducted in a manner that was credible, fair and impartial. Yet, these and various other recommendations made across eight reports of the National Police Commission were not implemented, forcing the Supreme Court’s hand to issue binding directions till appropriate legislations were passed by states.
- If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.
- Whenever, A police officer does not file FIR , the victim may send the substance of the information, in writing and by post to the Superintendent of Police concerned, who after getting satisfied that such information discloses the commission of a cognizable offences like Murder, Theft, Robbery, shall either investigate the case himself or he can direct an investigation to be made by any police officer subordinate to him.
- If the complaint filed to the Superintendent of Police still does not result in your favour, the victim can make a visit to the nearest Magistrate and can get his complaint registered. After which, the magistrate will order to the police to register the FIR.
- If a person being the victim of the misconduct because of the omission of a duty of a police personnel, which can be any violation of duty or wilful breach or neglect of any rule or regulation, shall be liable to be punished under section 29 of Indian Police Act,1861 with,
- A penalty up to 3 months’ pay; or
- Imprisonment up to 3 months; or
- Both penalty and imprisonment.
For the offences pertaining to the Prevention of Corruption Act 1988 and Indian Penal Code, a person can approach directly to CBI, CVC, Police, State Vigilance or Court to make a complaint against a public servant asking for a bribe. Under the Lokpal & Lokayukta Act and Whistleblowers Protection Act, a person has to address the complaint to the Lokpal and competent authorityrespectively.
The various legislations to contain corruption in India are as follows –
The Prevention of Corruption Act, 1988 and Prevention of Corruption Amendment Act 2018. The aforesaid Act is supplementary to the other existing laws against corruption. The scope of bribery under POCA revolves around the term “undue advantage”, which is defined as “any gratification whatever, other than legal remuneration”. The explanation attached to Section 2 (d) defines gratification as “not limited to pecuniary gratifications or to gratifications estimable in money.” Thus, gratification can be related to cash or kind.
Procedure to file a complaint under the Prevention of Corruption Act
Following government agencies are empowered to investigate and make an arrest under the Act
- CBI – Inspector of Police
- In Metropolitan Areas under CrPC – Assistant Commissioner of Police
- Elsewhere – Deputy Superintendent of Police or a Police Officer of equivalent rank
- Any other person other than above can investigate or arrest for the offences under POCA under two situations –
First – When a Metropolitan Magistrate or First Class Magistrate orders such other person from aforesaid agencies to make such arrest.
Two – When a State Government authorizes Police officer below the rank of Inspector of Police to make an arrest or investigate the matter under POCA.
Also, if any Public Servant is guilty of Criminal Misconduct as per Section 13 (1) (b) then to continue with investigation authorization of Superintendent of Police is required as per Act.
Sanction for conducting the Investigation under the POCA
The Investigating agency has to obtain the previous sanction for an investigation into the complaint from the State or Union Government as the case may be. A sanction is not required when a person or Public Servant is caught red-handed. The time period for granting sanction under the Act is 3 months, which may be extended by one month.
Court authorized to try offences under the POCA
Under the Act, Central or State Government is authorized to appoint a person who is a Sessions Judge or Additional Sessions Judge or Assistant Sessions Judge under CrPC as a Special Judge or Judges to try the cases. The time period to conclude the trial is two years, if the trial is not concluded within two years then the trial Judge has to record reasons in writing for delay in conclusion of a trial. This time period is extendable by 6 months at a time but the extension given to conclude the trial cannot exceed beyond four years. The trial Judge follows the procedure laid down under CrPC for the trial of warrant cases. Also, a Special Judge can try any offence under the Essential Commodities Act summarily.
Obtaining sanction for prosecuting Public Servant under the Act
A previous sanction for prosecution from the authority (State or Central Government) under which the Public Servant is working is required for the following offences –
- Public Servant being bribed (section 7),
- Public Servant obtaining undue advantage (section 11),
- Criminal misconduct by Public Servant (section 15) and
- Attempt by Public Servant to commit criminal misconduct.
Under the Act, two kinds of a person can apply for sanction to prosecute a Public Servant, namely –
- A Person who is part of investigating agency, such as CBI or Police, and
- Any other person. As per section 19 of the POCA, any other person can ask the previous sanction of concerned government for taking cognizance by the court for the offence mentioned under sections 7, 11, 13 and 15.
The procedure to obtain sanction to prosecute Public Servant is as follows –
Firstly – Person files the complaint along with reasonable materials before a Court of Special Judge about the alleged offence for which the Public Servant is sought to be prosecuted
Secondly – The Court has not dismissed such complaint u/s 203 of CrPC.
Thirdly – After receiving the complaint, the Court directs the complainant to obtain the sanction for prosecution against the Public Servant.
Fourthly – A person has to apply to the concerned government seeking sanction to prosecute the Public Servant.
Fifthly – The concerned government agency has to give ‘opportunity to be heard’ to the accused Public Servant as to why sanction to prosecute him should not be given, and
Lastly – The time period under which the concerned government may try to grant sanction is 3 months, extendable by a period of one month.
Indian Penal Code
Chapter IX of the IPC deals with offences by or relating to Public Servants and Chapter IX A deals with offences relating to elections. Also, a complaint can be filed against the Public Servant u/s 409 for the Criminal Breach of Trust. The aforesaid offences fall under cognizable as well as non-cognizable offence.
A complaint against the Public Servant for an offence of bribery or relating to bribery, under the IPC, can be registered in the following ways –
One – For the cognizable offence one can go to Police Station with the material evidence and lodge an FIR u/s 154 of the CrPC. The complaint can be oral or in writing.
If the Police Station refused to lodge an FIR, the aggrieved complainant can send his complaint to the Superintendent of Police u/s 154(3) of the CrPC to investigate the case.
Two – For non-cognizable offence, a person can give the information to the Police Officer, who may record the information in a book, but section 155 (2) of the CrPC divests the Police Officer of any investigating power in such a case. The Police Officer can refer the informant to the Magistrate empowered to try the case or commit the case to trial.
Three – Under section 200 of the CrPC, a person may make the complaint, orally or in writing, to the Magistrate.
For recovery of money you can initiate court proceedings and file a recovery suit, claim compensation for property damage .
1. First you send notice to your tenant to the last known address through, Standard Courier, RPAD and retain acknowledgements and office copies for your records. The notice shall contain all your pending dues and also terminate the tenancy.
2. Send “SMS & WhatsApp” to all the mobile numbers of your tenant and his family members available with you, take copies of the same. Lodge complaint with local police about the status of your tenant.
3. After expiry of notice period take help of local police and break open the house in their presence, they will conduct panchanama and you need to provide storage space for the belongings of your tenant wherein the available belongings will be kept by police and it will be kept under lock and key by them.
4. Pay the due bills through bank and retain acknowledgements.
5. Add the names of his friends / well-wishers as witness to the transaction.
6. Finally you should issue a public notice in two local news papers i.e., one in vernacular language and the other in English language within the territorial limits of your property. The same should cover at lease 100 km radius.
For more information kindly go through a similar thread,
https://www.lawyersclubindia.com/experts/tenant-not-paying-rent-and-absconding-682481.asp
Do not worry, get in touch with a lawyer soon and initiate legal proceedings and rest assured you will recover every single penny.
Thank you
