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binay srivastava   23 December 2020

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



 21 Replies

p k balaji (dfasdfadsfadsf)     23 December 2020

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

 

 

1 Like

P. Venu (Advocate)     23 December 2020

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. 

1 Like

175B083 Mahesh P S   23 December 2020

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

 

 

2 Like

binay srivastava   23 December 2020

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.

Dr J C Vashista (Lawyer)     24 December 2020

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.

2 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     24 December 2020

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.

 

 


(Guest)

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

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 December 2020

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.

1 Like

binay srivastava   27 December 2020

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.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 December 2020

Private Balcony! Exactly that is the point of contention and misunderstanding. Yes, it is your private balcony but you cannot resort to acts that shall harm others. If smoking inside the apartment shall impact the other inmates with passive smoking and for that reason, you are coming on to your balcony and smoking there, you are affecting others. That is the reason that the Society banned such activity.

binay srivastava   27 December 2020

I understand your point sir, but not everyone in a society is non smoker and not everyone has a problem. My bad luck that my neighbour has. But isn't the law there to help residents live there own life there way and not intervene in private space.just saying- If you have water coming inside during rains you close your windows to avoid damage but cannot stop the raining. I am sorry and fail to understand that what will a smoker do and where will he smoke if everywhere it's banned. And yes this country is democratic and every one can do whatever until it's illegal. And until the ciggrette is selling legally no one has any rights to stop it atleast not in private space/house.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 December 2020

"... I am sorry and fail to understand..." Yes you have rightly said, you fail to understand.

 

Cigarette smoking in public spaces is illegal although selling Cigarettes is not yet illegal. There are several restrictions imposed on the selling of cigarettes also and where these should not be sold. Your balcony is your private place as long as you do not use the same for some activity which is coming in the way of the right of another person.  The neighbour has every right to live healthily and not to be subject to passive smoking because of your smoking.

If you insist on smoking, you need to choose a place where you do not harm anybody else. There are no further arguments on this.

binay srivastava   27 December 2020

I fail to understand because you are not making sense to me. Looks like more of a personal problem to you.

If ciggrette is selling then it's not illegal to smoke in one's house or balcony, if some one has problems they should move rather than affecting others fundamental rights.

Suggesting - there is lot of pollution out side better file a petition to stop factories, vehicles etc first rather than wearing a mask.



 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 December 2020

It's yor personal problem. Not anybody else's. 

 

File a case against the society and get a judgement in your favour. 


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