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Amit Galgali   30 September 2015

Need advise on an incident happened in our society

Hello Sir/Madam,

Grretings for the day.

ai need some advise on how to react against the below mentioned situation which occured with us with our neighbor. The incident is as follows:

Our neighbor is carrying out his house renovation work. On 29th sep, 2015, as i stepped out of my door, i was shcoked to see that his contractor employee gathered some of the painting buckets brushes and rollers and was washing in front our door. I requested this guy to pick all your stuff and wash either in front of your clients door or in his washing area such as bathroom/toilet or go outside in society compound. On this the house owner started using abusive language with me and was saying who are you to instruct him what to do or not. i told him im following the society rules and regulations laid down when a house renovation work takes place. one is not supposed to create a mess in front of other tenants door. This went on and growed to a heated argument beween us and during that he raised on me a sharp tool used to puncture wall plaster. His words during this act was, " came here i will show you what i can do to you". i was in shock how come such an educated retired person talk to someone in this rude fearful manner. so, i need an advise from your team what kind of legal action i can take against him. Can i file a non cognizable complaint against him in my area police station. what will be the consequences for me and him in case i file an NC against him and what will be the further procedure once i file this NC.

I will appreciate your valuable advise

Thanks and Regards,

Amit Galgali.



Learning

 9 Replies

advocatepassy@gmail.com 971794 (Advocate)     30 September 2015

Mr Amit jee, you should report this matter to MC of your Society and also give a written statement to the local PS with a request to warn him against such behaviour in future.

G.L.N. Prasad (Retired employee.)     01 October 2015

Both are members in a society, and have live together in same compound for years.  The tenant is a retired person, and might have his own worries and ego at that age, compounded with his mental instability.

Forgive him, as further dragging of this issue may spoil the relations.  Bring the matter to the attention of Society officials and let them advise thatold man.  This is the problem in many flats and the very purpose that there is helping hand in flats is now becoming a myth.

Amit Galgali   01 October 2015

Dear Mr. G L N Prasad and other respected commentary, I respect your advise. But our relation with him is already in a bitter state. He is not a senior citizen to whom I can consider such behaviour..He is a mid 45-50 yrs old man...He is also an active member of our society as executive officer..and he is known to poke his nose in every small matter of the society which can be handled peacefully and every tenant is against him. He thinks he is the only person who has great knowledge about how to operate a Co - operative society and all our committee members approach only him rather than using their own brains or the laws laid in rule books. So anybody who stands against him it hurts his ego and he create such type of ruckus. So he his not eligible for such kind of treatment as you mentioned in your comments. I had already submitted my complaint letter to the secretary of our society asking him to make that person understand what are the rules laid down while carrying out renovation works and if he does it again requested them to carry out strict actions against him.. on the other side, I decided not to go the police station as of now as he didn't harm me, as he was just trying to frighten me with his actions. So incase he repeats such actions against me or my family members I will lodge a formal complaint against him and make him arrest by the police. Let me know your take on this... Once again thanks and i appreciate your valuable advises. Regards, Amit Galgali

Sudhir Kumar, Advocate (Advocate)     02 October 2015

Whn you failed to dial 100 then and there what purpose now you can achive by blogging here. It is now waste of time.

(Guest)

Agreed with Sudhir sir.When you have already intimated secretary and compounded offense why you are writing all this here.

Let me add. Society has no power of any kind to take any law in hand.Society is merely to facilitate common areas maintenance and manageemnt and to provide certyain servcies required by members such as  watersuply, garbage collection common security like patrolling and parking issues etc. Society cannot act into any physical action. All laws of district will apply to society members and society MC also.Even if a member does some act detrimental to otherresidents, proper authority has to be approached like Police, Municipal corporation, Development authority incharge of that area.Society cannot stop free movement of its members and their visitors. Society is merely a service provider to its member. Nothing beyond that

The housing societies are micro sample of Indian politics. The moment voting is involved, Indians start behaving funny and illegally. Just imagine how diffcult it would be for Modi to run the government and keep such idiots at bay.

Please keep received copy to society management in your file for future.

Moreover, You cant expect mature behaviour from a illiterate painting labourer.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

I support the views of AdvSudhirji and Guptaji.

Dr J C Vashista (Advocate)     03 October 2015

I have similar opinion as advised by expert Mr. Sudhir Kumar & Dr. Gupta, you will have to take a bold and hard step without thinking again on such issue.

There is no point in posting such frivolous query if you cannot resolve such a "common-sense" problem. Just waste of time and efforts.

Amit Galgali   04 October 2015

Hello Mr. Vashishta, I'm here on this forum to get some advise/ second opinion from the knowers of our indian judiciary system and not for free posting of any frivolous query as you mentioned...I don't want to react like a dumbo and put myself in an unresolvable situation in future...if you don't have time then don't put forth your comments..i didn't ask you personally to share your comments...im only seeking help from those who really think their knowledge of our indian law could really help to guys who are less educated/ less knowledgeable or seeking for a helping hand regd such type of matters and other cases like me. Hence forth pls think and then talk what could be the other person's position/ thinking in terms of legal matters before posting your valuable comments as you did in my case. I know where and when to use my common sense and when to take second opinion from other's perspective. Thank you.

(Guest)

I agree . Some experts on this forum have a tendency to make loose remarks to querists and go off the track trying to throw around their weight and knowledge.This negative and cynical attitude should not be permitted. No lawyer has any right to pass judgmental remarks and get personal against a Querist. The very purpose of this forum will be defeated. Please give reply or just keep off the question.


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