Senior citizen harassment by a resident

678 votes

Begin by lodging a written complaint with your Resident Welfare Association (RWA), including dates and signatures. If someone deliberately blocks your car, it may constitute “wrongful restraint” under Section 341 of the Indian Penal Code, so consider visiting your local police station to file a complaint. Provide evidence such as photographs, videos, or witness statements, and emphasize your age and medical condition to underscore the urgency. The police may register a General Diary (GD) or First Information Report (FIR) based on the severity and could attempt mediation to resolve the dispute. If these steps prove ineffective, you can serve a legal notice through a lawyer, demanding that the neighbor immediately stop obstructing your parking space, under threat of legal consequences. Repeated blocking could amount to a civil nuisance or harassment, allowing you to file a suit for an injunction in civil court, compelling them to refrain from such behavior. If you suffer tangible harm, such as missing medical appointments or incurring extra costs, you may claim compensation. You can also invoke provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, or seek assistance from local senior citizen helplines, which offer support against actions jeopardizing your well-being.

Advocate Dheeraj Singh LawRato

876 votes

You can take the following steps to address this issue: Legal Notice: Send a legal notice to the individual blocking your car, informing them about the inconvenience caused and seeking resolution. This often works as a deterrent. Society Complaint: File a formal written complaint with the managing committee or Resident Welfare Association (RWA) of your gated society. Highlight the medical emergencies and stress caused. Police Complaint: If the behavior persists, you can lodge a non-cognizable complaint with the local police under Section 268 of the IPC (public nuisance) for deliberate obstruction. Court Case: If these measures don’t work, you can approach a civil court to file a case for harassment and obstruction under civil law. The court may direct the person to stop blocking your access. Ensure all complaints and actions are well-documented to strengthen your case, if necessary.

Advocate Rupal Dwivedi LawRato

587 votes

You seem to have a bonafide case as a senior citizen suffering from various ailments. You can take help of police in this matter which is the usual course of action. However if the same doesn't work for you kindly file a civil suit for permanent injunction against the said person. The concerned Court may pass an order restraining any person from blocking your entrance etc.

Advocate Vikas Sharma LawRato

754 votes

Hello Sir, As per your details You can first send the legal notice to the party who is disturbing you. If he or she still does not take peaceful action then You can file a senior citizen complaint or you have also the right to file a criminal case against him or her. For more details Please feel free to contact. Thanks & Regards.

Advocate Divya Kiran LawRato

712 votes

Hello Sir, Have you tried talking to this person who is causing this trouble? At first, try speaking to him. If that does not work, you can contact the local police and inform them about this issue. You can file a police complaint against him for causing public nuisance. Third option is always to seek legal help. If none of the above option works, you can approach the court and file a civil suit for injunction against this resident of your society. There's nothing to worry. You can contact me for further details.

Advocate Sabarni Som LawRato