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BLRFLAT   12 January 2021

Harassment, property damage,blocking sale of flat by goondas

Hello

I am a single female living with old ailing father in bangalore. I purchased a flat in April/May 2018. Builder mislead work is finished and later harassed, abused and wasted time, did mental/physical torture. I gave full money and did registration in May2018.

Lot of work and documents such as NOC from builder, Khata, Electricity bill name change, receipt of 6.5 lacs, payment of old property tax etc were pending from builder. Builder and his servants kind of goons would harass, insult, abuse, create scenes for prolonged time every day and disturb us. It went on for too many months. They would harass, insult, abuse in gangs to extract more money from me. I complained to police many times. They did some work and didn't give documents.

In August 2018, 3 neighbor men started abusing, insulting, doing vulgar gestures. I told them to maintain decency and decorum. They abused me and my father in mob with builders and his goondas and rest building men. They removed me from building whatsapp group.

In August 2018, My adjacent flat became occupied and water seepage from from next flat balcony and utility appeared on my other bedroom walls, living room and balcony area. We were already very much shocked by all these gangs and goondas and were desperate to sell this off. We would plead everyday to builder and his goondas to recetify seepage to sell this off but they would insult, harass, abuse, demean, shout, threaten us. Buyers would hesitate to buy and keep condition to repair water seepage. I would end up crying in helplessness and how goondas would misbehave with us.

In Jan, 2019, builder made a goonda as association incharge. Association is not registered. That goonda and other goonda watchman of builder asked me for money. I told them to repair water seepage and amount 6000 already owed by builder to me first. They both and other goons locked my father in lift twice for 3 hours and 4 hours and insulted, abused us in mobs. They stopped letting buyers come inside building. I complained to police and police beat watchman and removed him from building. Whole building men, women, builder, other goondas went to police station and started barking on us. Building incharge goonda charged twice physically on my father and myself. I pushed my daddy back and told inspector that they are attacking us. Inspector scolded that goonda a little and told bad mob to go out of his room. Builder was still there and he agreed to pay 50 lakhs to us. After 15 days, builder changed and told he will not pay.

Goonda men/women daily harassed us, abused us, blocked water for my many taps after that for an year. Damage ruined my furniture in that room. Few Tamil goondas would whistle, do dog barking sounds outside my flat door. I questioned them. They got a constable to abuse me and my dad. I gave a FIR though its a very painful and too many visits/harassment for us to give their complaints as these goons have contacts in station. After one month of giving FIR, on repeat complaint, these goons were picked up by police and warned/abused. I didn't pursue case and police also suggested to leave them. Again builder goondas and builder men, women started abusing, commenting, taunting everyday. They unlocked my bike, dirtied that, put that on ground, scratched that, put door screw in tyre. Tamil/Telugu watchmen would intimidate, harass, make fun of us, trouble us. I complained to ACP. Inspector told them to put cctv in building. Even after that, building men would abuse loudly, threaten. I complained few times. My father was hospitalized in October. When I brought him back, this watchman started hassling me as he was not ready to give helping hand to ambulance people and  was troubling that why ambulance is parked outside. My dad was bed ridden and hospital bed was also brought along but still this watchman kept traumatizing. Next day, I needed little help in moving my daddy from bed but watchman was not ready to help. Now these watchmen wash cars of other people, pick their children and garbage etc. Lift doesn't have slope for wheelchair so I asked many times to watchman to connect me with association but watchmen told they don't know who is association, they don't know hindi and english, they get salary from their supervisor, how would they know who is association. Builder did parking allotment fraud too.

There is no association direct contact since March 2019. I was removed from whatsapp group in August 2018. We were abused, harassed, physically attacked in police station by association incharge in March 2019 and after that no association came to ask money. Watchmen are a type of their trained goondas. If I ask few building men/women that what is all this? They say they have no idea, its not their problem, they started shouting, hassling,Once a man told builder and his goondas told them to go to police station  against us and they cannot go against goondas.

Problems are -

Mental harassment, mental torture, social abuse, awkwardness, feeling of lack of safety, not involving in association.

Tamil neigbours and watchmen abusing, calling mental, shouting no maintainence outside my door repeatedly and disappearing for many days thereafter ( Tamil family vanished from building for a month after I gave a FIR, now also that Tamil man abused me before Diwali and then whole their family disappeared!!)

Other Tamil, telugu and muslim neighbors passing comments, abuses, doing gossips etc with watchmen and among themselves.

Water seepage from next flat in my one bedroom which blocks sale of flat

Building men/women, watchmen shooing away buyers.

No association clearance letter to give to prospective buyer

Parking fraud which reduces flat value as no SUV parking space.

Association not coming in front - these people are just being barking, threatening dogs and not ready to fix their damage, pay compensation and let us sell this.

NO OC

No Kaveri-municipal water connection since May 2018 and not giving information of that.

 

Its huge mental torture, shame, worry, time wastage, financial loss for us. Police has helped us but the kind of torture we have undergone, visits we have done to get them to help us is unimaginable. Police is not forcing them to pay for their damage and nonsense and finish the whole problem.

These builders are too shameless and like goons. Building men and women are also same.

What should I do, Can you advice please?

 



Learning

 4 Replies

175B083 Mahesh P S   15 January 2021

Hello, Kindly go through my answer on a similar query, I’ve posted the link below. You should go to your nearest police station and and get an F.I.R filed. Those people can be booked under section 351 that is Assault. Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=206294&offset=0

BLRFLAT   15 January 2021

Thanks for reply. One part is getting these abusers, frauds to jail which is possible by filing all sorts of FIR for which enough evidence is also available. Another part is getting financial compensation, recovery of amount given to builder with interest in order to get out of this hell and hellish people for once and all. How can this be done please? I complained to Rera in September beginning. They have sent 3 notice to builder, builder didn't reply. Rera timeline is 60 days but they have already taken 4.5 months. Its mental, financial torture, abuse. What do I do for end of this all hell?

175B083 Mahesh P S   17 January 2021

Hello, Ma’am, I really think you should hire a prudent competent practising advocate. These people need to be taught a lesson, they came after you illegally and now you should go after them legally suing them for every penny they have. You should get a recovery suit filed to recover your money, The civil remedy for recovery of money is by way of institution of a suit in a court of appropriate jurisdiction. The suit can be instituted under Order IV of the Code of Civil Procedure 1908 (CPC). You should also seek damages for their actions along with punitive damages, punitive/ exemplary damages' is defined as 'Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specif., damages assessed by way of penalizing the wrongdoer or making an example to others.' Hence I’m of the opinion that you should talk to a lawyer as soon as possible. Thank you

BLRFLAT   17 January 2021

What would be the time taken in civil court for closure of this matter? Can Rera also award the same?

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