refusal of entry to residents' cars


for past 20 years all residents in our residential complex had equal rights to parking. Recently all resident owners decided that tenants should pay 4 times parking fee than owners. non resident owners and the tenants refuse to pay the extra fee. the association,dominated by resident owners have issued notice to tenants that vehicles will be refused entry if the extra fee is not paid by 15/7/09. Is it legal? what is the remedy to the resident tenants(supported by non-resident owners? The ratioo of RO: NRO is 50:33 

 
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advocate

in this case civil remedy is available. so u pl consult with a civil expart.

 
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ha21@rediffmail.com Mumbai : 9820174108

The following sections of the  IPC are attracted, which can be used to file a Criminal Case against the mg.committee (office bearers) of the Society.  It is how the case is drafted and presented that can make it a criminal case.

There remedies also in the Cooperative Act and in the Law of Torts and under the Consumer Protection Act.

268.   Public Nuisance
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.

350. Criminal force
Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.

405. Criminal breach of trust
Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust"

503. Criminal intimidation
Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Keep Smiling .... Hemant Agarwal

 

 
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