Sorry for my duplicate post (civil law->litigation).
I really not aware on accessibility to various experts in this forum. Is it enough to post under one sub-clause - so that all can get a view of posted question?
Dear Experts,
There is a strange situation in our 36 flat apartment building. The president / secretary are rude in behavior and do not want to listen to people. The issue started where there is a practice in apartment where the lift is stopped at 11.00PM in the night and switched on at 8.00 AM in the morning. Due to this there is a severe pain for people (especially old people). Many people do not raise their voice in this and still adjusting.
However I objected this practice and I requested association that this is illegal and to keep it on is statutory requirement - because what if an emergency arises during night hours. The reason they give that since it makes noise when people use in night they switch off. I did not like this logic and fighting for this from quite some time. Since there is no change /action been taken by association on this activity, i stopped paying maintenance (asking give a break up of money spent on items so that people can deduct the money towards lift usage and pay). They are not doing this too.
While this goes they started verbal abuse with many people, have regular fights and there by affecting public tranquility, they even started send watchman do put pressure to pay the maintenance. I repeatedly informed that unless lift timing issue is addressed it would be tough to pay maintenance when the services are made unavailable. They even attempted to block way to enter apartment.
Since I am first year law student I understand all sorts of criminal offences they have commited so far.
such as assult, extortion, intention to cause hurt & grievous hurt, criminal intimidation etc.
I always requested them not to commit offcences of this sort, instead they can file a civil suit for recovery where by I can put the facts infront of judge - so that he can decide on compensation etc.
My query here is once they start above said criminal offences, can I file an NCR? or shall I go ahead with filing a civil suit for cutting the services - due to which I stopped payment of maintenance.
Can association has any power to discontinues services in illegal way instead of filing a civil suit for recovery - under the above mentioned circumstances?
Please direct me on next step & an legal reference in Bangalore would be appreciated.
Thanks
Sreeni
