Sreedhar Sunkara (advocate) 01 December 2021

False complaint to bank on laon

Dear Members,

I took some xxx laon from yyy bank for house construction. The municipality gave all permission and approvals, occupancy certificate and I also paid property tax since 2017. The Neighbour next to my house who is harassing me with false complaints to the electricity department, fire department, the municipal department is made false. Today they sent complaint to yyy bank md and branch manager with false aligation and misleading information,

1) that here is no occupency certificate to my building - false

2)No fire No - municipality did not ask me to get it or the fire department asked me to get it.

3)No Electricity Noc - I have electrical meters running for all portions

They asked to cancel my house loan as it may get demolished any time and take another security instead of the existing property. This is going to affect my financial growth and the opportunity to get loans in future.

The neighbour also filed a civil case which is pending on the same building but the order passed. The filed IA to demolish my building which is not entertained. The civil is full of false information and miss leading documents. I bought all facts before the court.

What action i have to take on the litigent ? please advice

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5 Replies

P. Venu (Advocate) 02 December 2021

The posting suggests deeper issues. Please post simple opinions, but devoid of subjective opinions.

Sreedhar Sunkara (advocate) 02 December 2021

Sir, it's very simple, I built a house for myself which is g+4 floors. the neighbor is a litigant and he is using his wife to file false complaints on me. He is complaining that I built g+5 but only took G=4 floors approval. He filed a civil suit to demolish my building and no orders are passed to date. Now she sent a legal notice to the bank informing MD and branch manager about the civil case and the building will be demolished at any time. So they complain to cancel the loan or take alternative security of the property. The civil suit, complaints are false as my building is only G+4. This is a false complaint, similarly, they sent a complaint to the Fire department, Electricity department, and municipality to stop giving electricity, vacate the building, and not to accept property tax from my building. All these complaints are made false. Now they download my mortgage deeds and mis using them with false complaints. how to proceed?

P. Venu (Advocate) 03 December 2021

If the complaints are false, meet the issues on merits.

Megha 04 January 2022

Hi,

Firstly, you may directly visit the neighbour and enquire the reason for such erratic behaviour and politely ask them to stop and take back the false complaint. However, if the talking doesn't help, the following legal recourse can be taken by you:

Intimate the police and file a FIR
Action by filing a case under section 268 of IPC for nuisance

As per section 268, "A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. .... "

Action by filing case under section 425 of IPC for mischief

As per section 425, "hoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”. It is to be noted here that mere intention to cause damage alone is sufficent to constitute an offence under section 425.