Nuisances
amit jain
(Querist) 12 December 2013
This query is : Resolved
Sir,
I would like to seek an expert opinion.
I have took ground floor of a house from the one brother who took this floor form his elder brother in 2003.
I have re-constructed my independent floor and shifted with family in 2004.
I don’t have any problem with any of our neighbors (Adjoining), Except family of this another brother residing at second floor. This family members are creating nuisances. By his Son 18.2 year old, Daughter 14 years and wife.
• They are disposing the drainage water and put their cloth for dry on the balcony walls from the top (second floor) to the front and back yard of the street, upon our car park outside our gate and cloths lying on the back yard.
• These family members are habitual to make false allegation or frame misleading complaints to the authorities such as false blames of sexual harassment/assault and eve teasing to female members of Malik’s family, child abusing & physical assault etc. These families are used to threaten us to get ready to hold behind the bar and openly claiming that they will do like that only and they don’t bother for any complaint as “Police and other authority will only support them”. I have made complaint to Local police station, personally mat with SHO but no action taken till date.
• This family always start fighting with lowest degree of abusive language whenever any guest or utility service provider i.e. Dhobi, Paper vendor, Sweeper, Car Washer, gas delivery man, courier agent, postman etc. knocks the door or passes thru the road or stand in front of this house from their balcony.
• This family members hit our main gallery door and entrance door adjoining to the staircase and close these gates very loudly whenever they passes thru the gallery. They always try to destroy and break these doors from outside, and use very abusive language whenever we protest the same.
• Entire family members often play loud music which causes disturbance to all members nearby and resident of ground floor for whole day. We have personally request number of time to keep it low but in vain.
• I have already installed the CCTV in front of my house but there is no terror of any recording by the family.
• This family says that they are the first and actual owner of the house so that we have to follow this family and live as they want.
One time in 2011 entire block visited to local police station to file the complaint and two to three time since 2011 to 2013 I personally file a complaint against this family but no action taken by the police station.
Please let me know if there is any solution for the same. I do not want to put any case in the court because I could not take leave from my office.
I would like to have an expert lawyer opinion. Thanks
ajay sethi
(Expert) 12 December 2013
since you have sought specific opinion from delhi lawyers only have not replied to your query
amit jain
(Querist) 12 December 2013
Sir, I have requested opinion form Delhi laywer because I an residing at Delhi and this case is paertains to Delhi.
Devajyoti Barman
(Expert) 12 December 2013
then wait till someone from Delhi renders advice.
Raj Kumar Makkad
(Expert) 12 December 2013
If some one from out of Delhi is desirious to reply like me then shall you accept it or not?
amit jain
(Querist) 13 December 2013
Dear Sir,
I am happy to receive your valuable advice on the issue. You are most welcome. Thanks
Amit Jain
amit jain
(Querist) 13 December 2013
Dear Sir,
I am happy to receive valuable advice on the issue from anywhere of the country. Appreciate getting your kind guidance. Thanks. Amit Jain
Devajyoti Barman
(Expert) 13 December 2013
Then do not make such preferences in future.
If police is not acting upon your complaint then engage an advocate and file petition u/s 156(3) crpc.
amit jain
(Querist) 13 December 2013
Is there is any other way to stop this as I do not want to go fro litigation and fight with police.
dr g balakrishnan
(Expert) 13 December 2013
pls lodge private criminal complaint beore your jurisdictional magistrate criminal court. that court will order police investigation.Automatically the issue get criminal color and when charge sheet is made by prosecution, criminal law will take over. regards
Biswanath Roy
(Expert) 13 December 2013
Your grievances against the opposite parties are CRIMINAL MISCHIEF in nature which can be remedied only by application of Criminal Law. Therefore, I advice you to lodge a written complaint to the Deputy Commissioner of Police,stating detailed facts with date and time of occurrences seeking his help for relief. If you do not get any relief from him in that case you shall have to file a writ application under Article 226 of the Constitution of India in the Hon'ble Delhi High Court for a direction upon the Police to investigate in the matter and to start a case against the culprits. For drafting your complaint letter DCP take help of an expert lawyer of TIS HAZARI COURT at Delhi.
amit jain
(Querist) 13 December 2013
Thanks a lot sir.
Sudhir Kumar, Advocate
(Expert) 14 December 2013
repeated
http://www.lawyersclubindia.com/experts/Harrasment-by-neighbour-440726.asp#.UqxFC_vQzmk
