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Rahul (working)     22 June 2013

Harassment by neighbours downstairs

Dear Forum Members,

I have experienced a peculiar issue. I am the secretary of the society. The building has been due for redevelopment for last 5 years and there is dispute among society members and they are not agreeing to redevelop the building with personal intention to bring in their own building developers. On moral gorunds and in interest of other society members , we as committee members have not entertained this peronal interest of wanting to bring in own builder. Few reasons are for most people this their only flat and they are pensioners , tomorrow if the flat is not handed over to people , these people will be stranded.

Now as a secretary I have not given into arm twisting of these selfish society members and maintained that we will redevelop when we get a good builder and who will give timely possesion.

Since I have not given into the request , I have been facing following issues and harrasment:

1. Neighbours below our flat have been banging on cieling everyday with stone or hammer at odd hours to disturb us mentally for last 4 years.
2. They have cut off our electricity at 3AM in the night many times.
3.They have damaged our main door with stone and hammer.

To other members:

They have damaged their cars in parking area, now these people park outside society , somewhere far away.
They throw leftovers of fish and meat infront of vegetarian society members. 
They have thrown stones at bike at night.

(All of these activities are done at night time or when nobody is watching)

As a result, society members have moved out by selling or living on rent now. They are scared to complaint against these harrasments.

For harrasment towards us, we have approached police and filed complaint. But police has not done anything, they say they need video proof and about the banging on cieling, they say it cannot be proved, though there are clear marks on ceilingof the neighbour when the police came to check after my complaint. I have made several complaints to police and higher authoritis over last 4 years, they have been taken by police to police station. But they still continue banging the ceiling with stone/hammer.

Yesterday i caught the lady below at 7am in the morning with stone in our handed and she had ponded at the door and wall. Again made polie complaint, but police said they cannot take action as there is no video proof.

I am not sure what to do more, I cannot record on video what they do in their house and my family is disturbed , my son is in 12std unable to study , we have sent him to hostel.

Please help me how can I sort this problem. we do have any other house.


Rahul Kumar



 10 Replies

Hemang (Advocate)     22 June 2013

Go away in a decent apartment, instead of "disturbing your own and your family's peace and enjoyment.

Rahul (working)     22 June 2013

Dear Hemang , 


thank you very much for you kind advice. 


But thats not a sloution as the property rate's are so high selling this property is also one big task as building is 25+ years old.

And i dont own any other flat other than this one ! 

if u can kindly suggest me some other alternative ? 





Rajeev Kumar (Lawyer/Advocate)     22 June 2013

For sake of the peace, enjoyment, future of your brats and family go to some nice milieu apartment

Rajeev Kumar (Lawyer/Advocate)     22 June 2013

Rahul, atleast you can complain to police and raise the issue in media with the help of the members of soceity against the nuisance created by your neighbour apart from police complaint if the police is reluctant to take your case then file a complaint case in court and the burden of prove lies on you.
1 Like

Hemang (Advocate)     22 June 2013

I did not advise to approach the court, because it is again a matter of criminally wasting valuable time of precious life. However, if you have already decided in a meeting supported by majority to carry on the development work and preferred a builder, or developer, execute a contract with him specifically laying all terms and conditions in a contract. Make all paper work done. Serve the notice upon that person, who is adamant to vacate the flat and ask him to vacate the same. The society, or the builder will have to accomodate all such flat owners for alternative accomodation. Also incorporate the factum of alternative accomodation till the newly developed construction comes up. 


If, he does not vacate the premises despite the notice supported by the resolution of the society, file a case before the Board of Nominees, if it is a society registered under Co-operative Societies Act to get it vacated. The court will be passing the appropriate order. And then go for re-development. Or else, you can go before the Civil Court for proper order. Also involve the local self government and municipality, which would certify the re-development. Place all such material on record.As far as your personal difficulty and harrassment are concerned, I will again resume.

1 Like

Rahul (working)     22 June 2013

Dear Rajeev kumar / Hemang , 


thank you very much for the help . 

About police complaint i have made all writtern and all paper work against them and complaint to police and got the sign and stamp on the complain letter.

He gas Got local Political support o and also this harresement is now for almost 2 years . For past 2 years i am in writting complaining to police and also got all the letter with me in which i have menstioned about the events and time to police. 

Police themself told us to move to court as they  cant do anything over it ! They Take my NC and the person files a Cross NC . 

Leaving a home and shifting is praticable but the cost and living for a retired person is not that easy. 

For past 2 years i am facing this harresement and police is just not ready to take action as i dont have proof . insipite of damage on my Main door and wall which is readily visible telling US do we have a video recording of that .

Really thank you for all the support.

But again how to proceed with the case and how much stand do i have in court as expect the complains letter and damage photo of the door and wall and NC copys rest i dont have evidence as its not easy to prove it . 

Regards , 



Hemang (Advocate)     23 June 2013

You can directly file the criminal complaint before the Court, which is called "M Case" in our professional custom and usage. The Court will upon verification and the statement of concerned witnesses issue process. You can also file the proceedings for "breach of peace" before the Executive Magistrate under Section 107 of the Criminal Procedure Code. The Magistrate would take the bond from the concerned criminal that he would not breach the peace. And, if during the currency of such bond, the criminal commits any breach of peace, the Magistrate can take appropriate action against him. 

Rahul (working)     23 June 2013

Dear Hemang , 


Thank you very much for you all replies and will act accordingly as you told in the above comment ! 

Once again thank you very much too all the above Member's for Replying to My post ! 

I will Hope that the Magistrate would Understand my case and act accordinglly


Regards , 



Sudhir Kumar, Advocate (Advocate)     29 June 2013

repeated at https://www.lawyersclubindia.com/experts/Harassment-by-neighbours-downstairs-401496.asp#.Uc78utjQzml

Sudhir Kumar, Advocate (Advocate)     29 June 2013

connect https://www.lawyersclubindia.com/experts/BMC-has-issued-us-section-53-1-of-maharashtra-regional-and-town-planning-act-1966-391431.asp

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