Srinivas (Self Employed) 13 October 2010

Harrasment : How to proceed...?

I, Srinivas wish to bring to your notice the following points,

a. We bought the flat(above mentioned address) from one Mr.XXXXX and got it registered in
in April 2008, by paying full amount and through bank loan (ING Vysya bank) with nil
encumberances and dues (whatsoever).
b. There are few works still pending in the apartment like lift/generator/finishing/water connection etc
c. One Mr.YYYYY owner of flat no. 302 & 303 is completing some works on his own using funds that he owes
to the builder.
d. After completion of such works he is demanding money from me, when I say I shall get it from the builder
he is saying I have to give it from my own source.
e. Few days back, he is even asking builder not to pay from his side, even though builder is willing to
pay the money (as I have paid for all aminities).
f. Mr.YYYYY's harrasment and intimidation is causing enormous mental pain and is affecting my normal life and we are not able to enjoy the property with peace of mind.
g.Mr.YYYYY is just owner of flat/s but he is involving in works which he has no competancy, only builder is
responsible and competant to do so.

I percieve him as threat to security of myself ,my family and my property and I want this
complaint to be recorded in the police station as future reference in case of any issues.

PLEASE Help, should I go to police / file a case?

THANKS

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3 Replies

M. A. Khan (advocate) 13 October 2010

yes you can make complaint to police for issuing threat and intimidation. Both offence are non cognizable therefore, police will not take down FIR, therefore, file private crim complaint with magistrate.

Srinivas (Self Employed) 14 October 2010

Thank you sir, The person is really a nuisance and is affecting my normal life (work included)

Other experts can please some more suggestions, He's also threatening to disconnect water supply through his contacts in water supply board to the entire apartment complex if money is not paid.

Pradeep Kumar (Lawyer) 14 October 2010

Dear Sir,

There are two remedies to it.You need to send him the legal notice to convey your message.Failure to your compliance, you may go to Consumer court or Civil Court.Air,water,sunlight are the fundamental rights,that can't be stopped.The reason I am advicing you to go to the Consumer court because it's a clear deficiency in service from service provider.No other peson other than original owner,unless repugnant to that,can ask any claim,whatsoever.Moresoover,you have a right to file a complaint of threat and intimidation against him.Don't be scared,there are laws in country to help civilized people in democratic country.

Thanks

Pradeep Kumar

Advocate.