Harassment by neighboring shopkeeper,what action should I take
05-Mar-2023 (In Civil Law)
We have a shopkeeper dealing in tobacco pruducts just opp. our shop of computer parts. My wife also sits with me as I look the outside market. His wife also sits there. Few time my wife objected to people smoking there, but those people instead of stopping their clients just abused her. Then they complain to SSP office with help of some market leaders who also use to smoke their and who are my competetorsabout my sign board also some false allegations about my wife. Then we pressurise by market leaders and beat Box constable to give compromise. Then they got me written on blank paper that I will remove my sign board.They also assured that nobody will smoke around our shop. Next day my wife noticed that people are still smoking out side our shop then she tried to click some photographs of that. Then they both husband and wife started abusing her in very dirty language. I also made some audio and video recording of that. Then in police station we were told to compromise.
Making a police complaint to SSP or SHO of your area jurisdiction will suffice in this matter as it is a public place and smoking in a public place is an offence. Moreover you can ask police for regular patrolling in the area. As far as shopkeeper is concerned. You can initiate personal damage action against him as he abuses you and your wife.
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Tobacco product sellers are covered under two parts. If he is sitting in covered varanda / under the roof then they are bound to be removed by the enforcement wing of Municipal Corporation immediately on receipt of complaint. You just need to inform to your local municipal office enforcement wing to remove that vendor. If vendor is sitting at open space then they are covered under newly formed vendor act and cannot be removed till the final decision, which is awaited within a month and he will be allotted some other place on monthly rent and automatically be removed from this place. Police has no concern with these vendors. So go to right place and don't involve in any criminal activity of fighting. If this is a case of Chandigarh, please let me know. I shall send concerned enforcement wing inspectors to remove that tobacco vendor within 48 hours.
regards,
Advocate Malhotra
regards,
Advocate Malhotra
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