Property dealer harassing us
Ashish Bansal
(Querist) 23 December 2020
This query is : Resolved
Respected Legal Experts,
I had a small property which i sold through a property dealer X, the deal went ok, for which property dealer X took his commission.
My intention was to purchase a bigger property. So I asked the same property dealer to find more properties for purchasing.
He showed few properties to me, but none of us suited me on various reasons.
Later, I enlisted through another property dealer Y & able to strike deal for a property, for which agreement to sale was signed with commissions to this Y property dealer.
But, now the previous property dealer X have started harassing us , by saying he has made efforts for showing you various properties & you must include him in this new deal. We refused his contention that you are not involved in this deal.
Then, we showed us various phone recording which he was secretly recording with us for all our conversations without our knowledge. Even when he used to take us around to show some properties, he would be secretly recording our conversation in his phone.
In one such recording, he showed he made offer to show same property (now under agreement) to my father once , who he is senior citizen & retired , but my father declined at that time as not interested in the area without even agreeing to see the property.
All real dealings were done by me & he never mentioned that property to me ever & neither showed nor struck a deal for the same.
Now, This property dealer X has been harassing & threatening us. he comes to our & fight us . Later, he telephoned my father to put pressures on him by tricking him to admit that he refered the property. Then he got another person Z (who is another property dealer in his partner) to talk to my mother with soft intimidations & pressure demands, which are pure illegal & extortion demands
So, i sent this X a WhatsApp message that he must stop harassing us & especially if he telephoned or contacted my aged parents , i will lodge a police complaint against him. I thought matter is over & did not lodged an actual complaint.
Now, this X & Z have sent us a legal notice for demand , where he repeats his baseless demand & this time he says that he showed us the property & same were referred in recordings, asking 2% demand for entire sale claim, with 1% for him & 1% for his partner Z.
What action, can i take against him ?
1. is his act of phone recordings against our knowledge comes under breach of privacy & under what sections of criminal acts ?
2. Can i lodge a police complaint now , when i merely sent him warning earlier but desisted filing one in actual. And now he has sent us a legal notice
3. Does Legal notice needs a reply or it can be best ignored as well.
4. what if he proceeds to file a civil or complaint case against us, just merely to harass us for not meeting us illegal demands.
Isaac Gabriel
(Expert) 23 December 2020
Don't respond to the notice.You have not made any contrct or deed.helping to purchase is an obligation whic not treated as statutory demand.
P. Venu
(Expert) 23 December 2020
There is nothing that could be enforced against you in a civil or criminal action. All the threats are empty. He has been able to harass you only because you have been less than assertive.
Ashish Bansal
(Querist) 23 December 2020
Many thanks for the replies , respected Legal Experts.
But, as it is pointed out that i have been less than assertive, can i take some action against property dealer by filing a police complaint.
basically, he is in illegal & illicit phone recordings of us & using that with twisting to send this legal notice.
under what sections , can i file complaint against him on behalf on my parents & me (he send notice to all 3 of us) - basically for illicit phone recording without our knowledge & consent, as privacy is now a fundamental right. ??
alongwith these section, i will append criminal intimidation & extortion , defamation & harassment complaints
Isaac Gabriel
(Expert) 23 December 2020
Give a police complaint for the offences stated.
Guest
(Expert) 23 December 2020
Issuance of Legal Notice can not be treated as harassment and No Police Complaint would be possible once he had taken Legal Steps.Better amicably settle the issue with the help of Good People respected by both the sides.Or with the help of an Local Advocate of your place
kavksatyanarayana
(Expert) 23 December 2020
Yes. An amicable settlement is the best option in the present situation with the help of your friends/well-wishers and consult a local advocate.
Dr J C Vashista
(Expert) 24 December 2020
Settle the dispute/ issues amicably.
However, if it do not work out it would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Rajendra K Goyal
(Expert) 26 December 2020
Try to avoid any initiation of legal action from your side at this stage.
May reply legal notice through your lawyer.
Discuss in detail with local lawyer.
