LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mavz_199746 (NA)     08 August 2020

Tenants spitting and throwing dirt in my private garden

My family owns and resides in a ground floor flat with our own private garden. There are tenants on the First and second floors of my building (The respective flat owners have rented their flats to these tenants). Now these tenants spit and throw garbage in my private garden boldly.  Almost daily I’ve seen them spitting and throwing garbage like cigarette pieces, hair, wrappers, condoms. Spitting is supposed to be a criminal offence but they boldly spit in my garden. When I confronted them they boldly tell me “Go do whatever you want”. When I complain to the society they either do not respond or refuse to take any action. Neither does the respective flat owners that rented to the tenants bother to do anything when I complained to them.

I have 2 elderly dependent parents over 75 to take care off and this spitting by tenants and dirt thrown in our garden poses a serious health hazard to us. Me and my parents have to regularly clean up wet spit thrown by these tenants from upper floors so you can imagine how dreadful it is for us.

My brother bought this garden flat with hard earned money and it pains us to see our garden being treated as a garbage dump and tenants spitting and the society not taking any action. We are now fedup of this daily harassment by tenants and unresponsive society management.

Here everybody talks about tenants rights but what about the rights of honest society members like us who live peacefully and pay our bills well in advance????Don’t we society members have any rights????Do tenant rights give them the liberty to spit and throw garbage in a society member’s private garden and harass society members????

We are fed up of this harassment and are like prisoners in our own house and garden.

I need to know which authorities I can escalate this issue to and also is there any online media channel where I can highlight my grievance as the society just does not respond.


 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 August 2020


You can lodge complaint against the tenant in local police station. 

Shashi Dhara   08 August 2020

On reading I pity about you because they are all most irresponsible peoples who say as dirty and nasty Indians by foreigners .the behaviour is also same.the society is for name  sake and only to extract money who gives.your money for their enjoyment so iadvice you to issue legal notice thru advocate for all including society and also before that collect evidence thru cc TV or by video mobiles.

Mavz_199746 (NA)     13 August 2020

Thanks for all the above valuable advice...really appreciated


I've never made a complaint with any authority ever in my life so I really dont know how to go about this. All I know in other societies the management take action against tenants when their cause nuisance and harassment to society members but here the society does not bother to do anything. Their either do not respond or dismiss it as an internal issue telling to speak to the flat owners. Flat owners in turn  do not do anything.

Here in our society tenants  violate rules without being checked. There is a nexus between the tenants , Society security and the society management thats why tenants  do whatever they want.

Also from my understanding the society cannot dismiss this as internal issue because tenants are outsiders whom they have given NOC hence the society management and flat owners are also responsible for their actions.


Just an update last weekend I had posted some pics of the dirt thrown by the upper floors on the society watsapp group. This caused quite a stir as the flat owners are on the watsapp group too and probably spoke and updated the tenants who were angry that I actually had the nerve to post the pics of the dirt thrown by them on the watsapp group...they never expected me to take up this issue in public.

As a result some tenants came in a group to fight with me and even tried to barge into my house which caused my nervous parents anxiety. They threatened to falsely complain to the police.

So can someone please urgently advice me what action should I do in case  they put a false case against me. This has caused a lot of stress to my aged parents who already have health issues. Appreciate some advice urgently.


Shashi Dhara   13 August 2020

If they complaint you also counter complain t against  them.if police rejects Ur complaint  thru advocate file private complaint in jmfc court.collect evidence submit it to court.according to my personal opinion they don't go to police station to complaint  because it costs heavy to them.

Mavz_199746 (NA)     13 August 2020

Originally posted by : Shashi Dhara

If they complaint you also counter complain t against  them.if police rejects Ur complaint  thru advocate file private complaint in jmfc court.collect evidence submit it to court.according to my personal opinion they don't go to police station to complaint  because it costs heavy to them.

Thank you Sir for your reassuring avice. 

May I ask under what section of IPC can I file a counter complain against them in case they put a false complaint against me.

Is there any section under IPC that deals in false complaints ie where we can file case against someone who put a false police complaint.


As I said earlier I've never ever been to a police station so im very nervous. From what ive read in newspapers is that police are mostly rude and try to extort money...

abhijit majumder (practicing company secretary)     13 August 2020

Under Section 133 of CR PC   U can lodge a complain  to police station against your neighbour who through garbage in your private garden.

 And as U saying that the tenants came and threat you U can lodge assault and trespass case under IPC in local police station



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register