Legal action against emotional harassment
2 years ago
Recently my father passed away due to heart attack and the reason for the same being a heated argument with the landlord who asked to pay extra money even after paying our share of the bill. I will be honest and share with you that my father was going through some emotional trauma for past few days, but had never experienced any heart problems. During his final moments when he was asked what was the reason for getting tensed and resulting in a heart attack he himself mentioned that it was the landlord who had argued with him a few hours earlier. I am still living in the same rented house under the same landlord and they have treated us also very badly. I also have valid proofs like call records and message records to prove that they had an argument. I need to know whether I can file a case against them?
You sue the landlord for his tortious act of negligence, which caused emotional trauma to your father, which resulted in his unfortunate demise due to heart attack. You can seek damages from the landlord for his negligent act.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can sue the landlord for damages as due to his negligent act has resulted in emotional distress to your father, causing him to have a heart attack. The success of your case would depend upon the advocate you hire to argue for your case.
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Section 304 in The Indian Penal Code
304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
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