Harrasment by society owners


I am in Pune and have recently moved in to a flat. They have taken refundable move in charges also. Very little I knew that they have rules which says that you cannot talk on balcony after 10pm. And after 10 pm the balcony is no private place, you should talk inside and not even smoke outside if it is causing incovinience to any neighbours. The owners are ganging up against me by giving false allegation of being noisy and even saying that I cannot drink sitting at balcony. Please guide as I have also given a written complaint to society on harresment but they are continuing asking me to abide on the rules

 
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dfasdfadsfadsf

What rubbish rules and regulations bro  jus chek with some of the society consultants they will guide u further

 

 


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Advocate

The Society has no law or rule making powers nor can they authorise in moral policing. You have the complete freedom to make use of your home in any manner at your discretion so long such actions are lawful and does not inconvenience anyone. 


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Hello, 

These are some of the things you can do:

Approaching the Management Committee

If the member of the Housing Cooperative Society faces any problem relating to the harassment in the housing cooperative society then they can approach to the Management Committee to deal with the matters as per the Acts, Rules of the concerned State and Bye-laws of the Housing Cooperative Society.

To approach the Consumer Courts

If the management committee does not take appropriate action on the complaint of the members relating to the problems then they can approach to the consumer courts and also demand compensation by the housing cooperative society for not uses their power as per the laws.

To approach the Police Authorities

If the harassment is of serious nature then they can also approach the police authorities for taking suitable action against the offenders as per the Punitive laws and maintain dignity.

Injunction 

You can file a injunction suit against this harassment because there is no such provision made in co-operative society act and if its there in society bye laws with approval of AGM you can challenge its validity since bye laws wouldnt be made in a manner it prevents someone from using their own balcony as they wish unless what they’re doing is illegal.

Mental harassment claim

If things get worse and they keep harassing you then you can file a complaint against mental harassment. Mental Harassment or Emotional Abuse is any kind of non-physical attitude or behaviour that intimidates, controls, sub judicates, punishes, demeans, or isolates another person by way of humiliation, fear or degradation. 
 

Section 294 of IPC

If a person does an obscene act in public, recites or utters obscene words to annoy and torture a person in public, is punishable under the law. The offender would be booked under section 294 of the Indian Penal Code and would be liable for an imprisonment up to three years or with a fine or both.

I hope this was helpful

Thank you

 

 


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The society bylaws say that if smoking is causing inconvenience to the neighbours in balcony then one should stop smoking in balcony. This is violations of my fundamental rights. But they are forcing the bylaws on me. And they are saying I make a lot of noise which is flase allegation but who will justify that? As they are ganging up and complaining my landlord and forcing him to evict me.

 
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Lawyer

Being a tenant you will have to abide by rules framed by the Society which is applicable to all residents for the convinence of all the residents.

If you feel aggrieved shift to some other premises.


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Retired Manager

I do not find anything wrong with the rules implemented by society. Having joined there as a Tenant or Owner, the rules are required to be followed, which apparently are framed to ensure that no occupant of any apartment tenant or owner, can create any kind of disturbance to others.

 

 

 
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I can relate to smoking hazard posed by smokers...you have no right to put others health in danger...rest I don't know but as far as smoking is concerned you are at fault

 
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Retired Manager

Smoking cannot be claimed as a fundamental right by any stretch of the imagination under any circumstances. Passive smoking is more dangerous than direct smoking.


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At my private balcony? One cannot smoke inside the house to avoid passive smoking. If smoking is illegal or hazardous also dangerous govt should ban it right? Smoking is bad for health that's mentioned in the packets also like liquor but where do one smoke then.

 
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