I am a resident owner of a housing complex in Kolkata. I recently shifted to my new flat. I have a pet dog. I strolled with my pet dog in the flat terrace, to which certain residents of top floor complained to the Facility Manager. The Facility Manager (an employee of a third-party company, who are overlooking the Security & Facility management of the entire complex, being deputed by the Builder) called us and shared a Notice circulated by him about 9 months back (which is in contradiction of the Animal Welfare Board Guidelines which prohibits any such restrictions), and threatened, intimidated and harassed me saying that we will have to follow whatever he says. We lodged a GD at the nearest Police Station, and complained about the threat to the Builder Administration, sharing the information with Animal Welfare Board. In the meantime, the Builder asked the Security & Facility management Company to replace the FM and take appropriate action to nullify such threats to residents. The Management (Director) of the Third Party Security & Facility Company, instead of replacing the FM, called us for a meeting at the FM Office (which is in the campus) and assembled some residents and again intimidated, threatened and harassed us to take back the complaint. This was very scary and humiliating for us, as we knew none of the residents (as we moved in recently) and we were again intimidated and harassed by them jointly in front of the FM, and were being pressurized to take back the Police Complaint. We asked for the CCTV footage of the whole meeting last week, which was held through a conspiracy amongst the few residents and the management (director) of the Third Party Security Company. No association committee members were called for the meeting. Suspecting of repeat harassment, we recorded the audio of the whole close door meeting. We received the CCTV Footage of the whole close door conspired meeting today from the builder. How do we proceed to ensure that proper action is taken against the management of the Security Company Management (Director) is taken, as he conspired with his Facility Manager (employee) and few residents of the Complex to threaten us again regarding the same issue. The Animal Welfare Board in the meantime requested the Kolkata Police Commissioner to take necessary action regarding the first threat and harassment by the Facility Manager. We also clarified to the Animal Welfare Board that the Association is not involved in this illegal incident, as the administration is still handled by the Builder, and the whole threat, intimidation and harassment has been perpetrated by the Facility Manager, his Management (Director) and some residents. Do we go the PS with the CCTV footage and Audio recording and file a fresh GD/ FIR for the repeat harassment/ threat and intimidation? KINDLY SUGGEST.
An offence under Section 506 is committed against you by all of those involved FM, Director and others. You have every right to file a criminal complaint against them all. File a complaint in the Court of Magistrate. A direction will be issued to police to register FIR and take necessary action. They are asking you to withdraw the complaint, they really scarred, coz you are on right track.
Animal Welfare Board Guidelines are in your favour.
file a complaint with the police if you have been threatened, intimidated, or harassed. You should submit CCTV footage, audio recordings, and any other evidence, such as witnesses or documentation.
You may approach the Animal Welfare Board for assistance in taking action against any violations of the Animal Welfare Act.
Firstly the facility manager has to act on the instructions of the Association even though the Builder has appointed them, hence the association has to intervene in this.
Now as a resident owner of the association, you have to lodge a formal complaint with the apartment owners assassination and vent out your grievances especially that which deprives your rights in the association complex.
Besides the facility manager is coming under the association for all practical purposes, if the builder who appointed him is not having control over him the n the association should take over the administration of the complex from the builder and should arrange its own machinery to look after this.
Now the problem is that the facility manager is intimidating and harassing hence a complaint against the individual has to be given and not as a facility manager.
If he continues to pose the same threat, and if the police is not effective about this, you may escalate the matter to the higher police officer to intervene and instruct the concerned police to initiate appropriate action against the harsh and rude behavior of the so called facility manager who is doing all such illegal activities on his own without following the set of rules.
If at all he has to restrict the individuals who violate the bylaws in this regard, he has to follow the due process of law instead of jumping into scene with his mite and indulge in all such types of illegal activities against the owners of the apartment..
Besides giving complaint to the police and various authorities, you can issue a legal notice to the facility manager's top management about the unruly behavior of the individual and demand an explanation as well as an apology for his such acts.
You can even make a complaint against the association with the registrar of cooperative societies for this type of mismanagement and harassment to the members without following the bylaws of association, provided the association remains silent over your complaint on this subject.
Firstly, you should make written complaint to builder because builder has appointed FM and team.
Secondly, ask from them a written by-laws of society or association as per West Bengal state laws act.
Once you receive By-laws created by builder are one and same rules and regulations provided by West Bengal state laws. then you can fight with them legally.
Inside your flat or apartment you can keep pet animals but it should not be harmed to anyone in the society.
File police complaint under section 504, 506 of IPC against residents , facility manager , Director
2) if police refuse to lodge FIR file private complaint under section 156(3) of cr pc to direct police to investigate and submit report
Yes you can go with the cctv footage and other evidence and do the needful in above case
Dear client,
Firstly, it is important to ensure your safety and that of your pet. It is also essential to protect yourself against any further harassment or intimidation.
You may want to consider consulting with a lawyer who specializes in housing and property law to understand your rights as a pet owner in the housing complex.
You can also provide the CCTV footage and audio recording to the police, along with a written complaint, to file a fresh GD/FIR for the repeat harassment and intimidation. It is crucial to provide as much evidence as possible to support your complaint.
In addition to filing a police complaint, you can also approach the higher authorities of the Third Party Security & Facility Management Company, including their head office, to report the misconduct of the management (director) and the Facility Manager. You can share the evidence with them and request immediate action against those involved.
It would be helpful to keep a record of all communication and documentation related to the incident for future reference. If necessary, you can also seek help from the Animal Welfare Board or any other relevant authority.
Overall, it is essential to take a stand against any form of harassment, intimidation or threat, and ensure that the responsible parties are held accountable for their actions.
