Harassment by society members
9 months ago
I am being harassed by the society committee members and they have filed a false complaint of theft against me in the police station. What all action can I take against them and what facilities will be denied to me if I stop paying the monthly maintenance charges
A.Hi client,
For false cases counter the same with the help of an advocate. You can also apply for a counter case.
Later, file a defamation suit.
For maintenance clause,this will depend upon the bylaws you have. Paying maintenance is a necessity in order o avail the other common facilities you have in the society.Not paying the same can end up you facing issues.
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A.Dear Client,
Before filing a counter-complaint against the committee member of the Society which is governed by its Byelaws and regulations, you need to bring the matter to the notice of the concerned Registrar of the Societies because in case of any deficiency or violation of a provision of the Byelaws of the Society, and if it appears on the face of records and your complaint, he is empowered to call on the Committee members for a summary hearing and passes a direction/order to resolve the dispute which is binding on both the parties. As regards your query regarding the stoppage of payment of the monthly Maintenance charge, it is to inform that the same is also regulated by the provision of Byelaws and regulations of the Society, you being a resident member of the Society are entitled to get a copy of Byelaws of the Society and on refusal, you may approach to the Registrar of the Societies who may direct the Secretary/President of the Society to provide you a copy of Byelaws of the Society to update yourself with the consequences arising out of non-payment of Maintenance Charges to the Society. For filing a Counter Complaint you need to consult with an Advocate.
Before filing a counter-complaint against the committee member of the Society which is governed by its Byelaws and regulations, you need to bring the matter to the notice of the concerned Registrar of the Societies because in case of any deficiency or violation of a provision of the Byelaws of the Society, and if it appears on the face of records and your complaint, he is empowered to call on the Committee members for a summary hearing and passes a direction/order to resolve the dispute which is binding on both the parties. As regards your query regarding the stoppage of payment of the monthly Maintenance charge, it is to inform that the same is also regulated by the provision of Byelaws and regulations of the Society, you being a resident member of the Society are entitled to get a copy of Byelaws of the Society and on refusal, you may approach to the Registrar of the Societies who may direct the Secretary/President of the Society to provide you a copy of Byelaws of the Society to update yourself with the consequences arising out of non-payment of Maintenance Charges to the Society. For filing a Counter Complaint you need to consult with an Advocate.
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A.Dear client,
Regarding the denial of facilities if you stop paying maintenance charges, it would depend on the specific rules and regulations of your society. Here are some general steps you can consider:
Gather Evidence: Collect any evidence that can support your innocence and disprove the false complaint against you. This may include witness statements, CCTV footage, or any other relevant documentation. Preserve all communication related to the harassment, such as emails or text messages.
Consult a Lawyer: Engage a lawyer who specializes in real estate and civil law. They can review your case, advise you on your rights, and guide you on the legal actions you can take against the society committee members.
File a Counter-Complaint: If you believe the false complaint against you is a form of harassment, consult with your lawyer about the possibility of filing a counter-complaint against the society committee members for filing a false complaint with the police. Your lawyer can guide you on the specific legal process for filing a counter-complaint.
Negotiation or Mediation: Consider exploring the possibility of negotiation or mediation to resolve the conflict. It may be helpful to involve a neutral third party, such as a mediator, to facilitate a discussion and find a mutually agreeable solution.
File a Defamation Lawsuit: If the false complaint and harassment have caused damage to your reputation, you may consider filing a defamation lawsuit against the individuals involved. Consult with your lawyer to understand the legal requirements and potential outcomes of such a lawsuit.
Regarding the denial of facilities if you stop paying monthly maintenance charges, it would depend on the rules and regulations of your specific society. Review the society bylaws or regulations to understand the consequences of non-payment.
Again, it's crucial to seek personalized legal advice from a lawyer who can assess your specific situation, provide accurate guidance, and represent your interests. They will guide you on the best course of action based on the laws applicable in your jurisdiction and the specific circumstances of your case.
Regarding the denial of facilities if you stop paying maintenance charges, it would depend on the specific rules and regulations of your society. Here are some general steps you can consider:
Gather Evidence: Collect any evidence that can support your innocence and disprove the false complaint against you. This may include witness statements, CCTV footage, or any other relevant documentation. Preserve all communication related to the harassment, such as emails or text messages.
Consult a Lawyer: Engage a lawyer who specializes in real estate and civil law. They can review your case, advise you on your rights, and guide you on the legal actions you can take against the society committee members.
File a Counter-Complaint: If you believe the false complaint against you is a form of harassment, consult with your lawyer about the possibility of filing a counter-complaint against the society committee members for filing a false complaint with the police. Your lawyer can guide you on the specific legal process for filing a counter-complaint.
Negotiation or Mediation: Consider exploring the possibility of negotiation or mediation to resolve the conflict. It may be helpful to involve a neutral third party, such as a mediator, to facilitate a discussion and find a mutually agreeable solution.
File a Defamation Lawsuit: If the false complaint and harassment have caused damage to your reputation, you may consider filing a defamation lawsuit against the individuals involved. Consult with your lawyer to understand the legal requirements and potential outcomes of such a lawsuit.
Regarding the denial of facilities if you stop paying monthly maintenance charges, it would depend on the rules and regulations of your specific society. Review the society bylaws or regulations to understand the consequences of non-payment.
Again, it's crucial to seek personalized legal advice from a lawyer who can assess your specific situation, provide accurate guidance, and represent your interests. They will guide you on the best course of action based on the laws applicable in your jurisdiction and the specific circumstances of your case.
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