- For their refusal to comply with registrar's order, you must file execution proceedings.
- You also sue the society before consumer court for your trauma, hardship & deficiency in service.
- You obviously require services of a competent counsel. I'm willing to handle the litigations. I need an exhaustive consultation session with you first. You have to visit me for that. I'm based in Mumbai /navimumbai, hence it shouldn't be much of an issue for you to visit me.
- ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four)
Legal advice regarding harassment and non-compliance by housing society
I am reaching out to seek your legal advice on a matter of significant concern that has been causing me substantial mental distress. I am a retired NRI senior citizen, aged 76, with a strong belief in the rule of law. Despite my age, I am prepared to pursue all necessary legal avenues to address the issues I have been facing with my housing society in Worli, Mumbai, where I own two flats—one in my wife’s name and the other in my daughter’s name, both of which are rented out. To give you a brief overview: 1. During the possession process, the builder collected over ₹20 lakhs for each flat, from over 500 flat owners in the tower, without providing the financial accounts to the society. This lack of transparency raises concerns about mismanagement or misappropriation of funds, yet the society’s managing committee has taken no action. 2. The society’s secretary, Mr. KS, has been demanding illegal payments from NRI members, particularly those who have rented out their flats. He raised a false bill of ₹1,25,000 for each of my flats and instructed security to bar my tenants from entering the premises until the payment was made. Society raised false bills on behalf of builder, which I rightly refused to pay. As per the law, once a society is formed, it has no legal right to recover any outstanding amounts of the builder, and as per the law the society is not an agent of the builder. This caused immense mental harassment and distress to me and my tenants, forcing me to pay the amount under protest. 3. I lodged a complaint with the Deputy Registrar, who ruled in my favor on 29/12/2023, stating that the money was illegally collected and should be adjusted against future maintenance bills. Despite multiple reminders and even attending a general body meeting, the society has not complied with the order. Instead, they have falsely claimed that I have outstanding arrears and have added overdue interest to my latest maintenance bill. Despite the Registrar's order, the society has not adjusted the amount and continues to send me maintenance bills, now falsely claiming that I have outstanding arrears and charging overdue interest. This is despite the fact that all my bills have been paid on time. This ongoing situation is causing me immense mental harassment and adversely affecting my health. This entire situation has not only caused severe mental harassment but is also taking a toll on my health. I have done everything within my power, including engaging with the police and escalating the matter to higher authorities, but the society’s managing committee continues to act with blatant disregard for the law. My Questions: What legal or criminal actions can I take against the secretary and the managing committee for their continuous harassment, illegal demands, and failure to comply with the Registrar’s order? Under which laws can I file a case to hold them accountable for the mental trauma and harassment they have caused me? I
Asked 3 months ago in Criminal Law
Religion: Hindu
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8 Answers
1. This Managing Committee appears to be incorrigible and draconian in its desperations for ill gotten wealth.
2. therefore , take a harsh steps and send it for refund of all the illegal money it has collected from you.
3. if it refuses to do so then go for registering the FIR for cheating and fraud.
4. You can consider filing civil suit claiming damages for causing harassment and trauma to you.
Dear Client,
You can file a complaint against the society and its managing committee under the Maharashtra Co-operative Societies Act, 1960. Since the Deputy Registrar has already ruled in your favor and ordered the adjustment of the illegally collected money, their non-compliance can be considered a violation of the Act. If the society's managing committee continues to ignore the Registrar's order, you can consider filing a Contempt of Court petition in the High Court. This petition will be based on the society's willful disobedience of the lawful order passed by the Registrar, which amounts to contempt of a judicial authority. Given the harassment and illegal demands, you may also consider filing a criminal complaint against the secretary and the managing committee under section 383, 406 and 506 of the Indian Penal Code. You can also file a civil suit for damages for mental harassment and defamation. Under tort law, you may claim compensation for the mental agony, distress, and damage to your reputation caused by the society's actions If the society still does not comply, escalate the matter by filing a writ petition or contempt petition in the High Court. Engage a lawyer experienced in cooperative housing society matters and criminal law to draft and file the necessary complaints and petitions.
File police complaint against secretary and office bearers for cheating ,criminal breach of trust
2) you can also approach consumer forum against society and office bearers seek refund with interest ,also seek litigation costs and compensation for mental torture undergone by you
. You can file a suit for permanent injunction against the society to restrain them from demanding the alleged extra amount in the name of arrears. The orders by the registrar concerned will be a substantial documentary evidence to fight your case
If they have already collected any excess amount you can even seek for refund of the unjustified excess amount collected from you.
The Deputy registrar's orders cannot be executed by filing any execution petition but the orders passed by the Dy. Registrar will be a substantial evidence to convince the court about the unilateral and arbitrary as well as illegal or unlawful acts done by the society against you, hence you may have to approach civil court as suggested.
The police may not interfere beyond certain limit treating this as civil matter.
My queries are as follows: 1. Is there any criminal provision in the law specifically for Harassment of Senior Citizen to pay illegal charges to the society? Under what act is this applicable for harassment of senior citizens? I am already 76 year old senior citizen 2. I am going to lodge an FIR to the lower parel police station and if police do not entertain the complaint and can say this is civil matter in this case can I complaint to the magistrate in which court in Mumbai? can you specify and under which act? What order can the magistrate give? 3. I have already got the order from the Deputy Registrar of Housing Cooperative Society clearly stating that money is illegally collected and it is to be settled against future maintenance bills but eight months have passed and society is not doing anything. In this case what should I do because this matter is related to cooperative court and cannot file civil case. Under what act can I file this case? 4. Is it worth to file complaint in consumer court only or I have to file separate case against society in consumer court? 5. Under what provision of the act stern action can be taken against secretary and managing committee of the society? They are all the same under the collusion to harass me
Asked 3 months ago
1) if police refuse to lodge FIR file private complaint before magistrate in bhoiwada court to direct police to investigate and submit report
2) you can approach consumer forum for necessary reliefs
3) seek compensation for mental torture undergone by you
1. IPC Section 506: Categorizes harassment of senior citizens as criminal intimidation. Section 294: Allows legal action against individuals who severely verbally abuse senior citizens, use obscene language, or mentally distress them
2. You can lodge a criminal complaint for the acts of harassment only and not the matters pertaining to bill payments or exorbitant maintenance charges, the police may not entertain your complaint on those aspects.
3. On the basis of the orders in your favor yo can very well approach the cooperative court for relief and remedy if the secretary is not obeying the orders.
4. For an effective remedy and penal provisions it is advisable that you approach cooperative court and not the consumer forum.
5. You can engage the services of an advocate who will be bale to guide you properly to file the desired suit in the court
Dear Client,
- For the senior citizens, who are being harassed there are special protections under law and especially acts like Maintenance and Welfare of Parents And Senior Citizens act of 2007. You can get hold of the protection under this Act ask for a complaint to prevent harassment and claim security from illegal demands. Any harassment can be made punishable under the Indian Penal Code (IPC) as extortion of illegal charges.
- If the police in Lower Parel register a case and later try to pass it off as a civil matter, approach their superintendent right away or head directly to the court where your magistrate can take charge of handling this., Magistrate shall then direct the police to register an FIR and investigate.
- You can file a Non-Compliance Petition under the Maharashtra Co-operative Societies Act, 1960 in the Cooperative Court asking for enforcement of order since Deputy Registrar has passed favourable orders to you and society not complied with it. The court can also give directions to the society and penalise it for non-compliance. Alternatively, if the society's actions tantamount to Contempt of the Registrar's order you may file a Contempt Petition before The High Court of Bombay.
- You can file a complaint for "deficiency in service" against the housing society. Compensation for mental harassment, direction to the society to comply with Registrar’s order and penalty in respect of unfair trade practices by Consumer Court.
- For mis-management and non-execution of statutory obligations Complain to the Registrar against Secretary / Managing committee.