Can a member call a police to my door when I was in the process of fitting a split AC outside my bedroom window at about 3 pm in noon?
If the concerned member has any objection against me should he not first lodge a complaint against me in the MC?
Am I not right in lodging a complaint against him to Managing Committee?
I am in Mumbai Parel Maharashtra housing society, regd no B -2304 of 1958.
I C Naik
Reading your mail first I was also taken a back. But then what I found is the Police was there but there was no dialogue with the Police. Fixing AC is not an offence which a Police has to take not and take any action. It also appears that you got the AC fixed and Police went quietly may be taking a tea at the place of the caller.
What exactly is the Grievance? Calling a Police and Police responding to the caller is a matter between the two of them? Did the police tried to interrogate you?
I think you have done a right thing by informing Management Committee. Now do nothing. Let the caller fill that he has misused his relation with the Police as without that No police would rush to a private flat just because someone wrongly informed that a crime was about to be committed.
There is a mention of Police in bye-law No. 174 e. POLICE
Matters pertaining to :-
i. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking slot / Open space in the Society, by the Members, builder, occupants or any other persons,
ii. Threatening / Assault by or to the Members of the Society and official body.
iii. Any other like matters which fall within jurisdiction of the Police.
Your fixing AC does not fall in any of the above clause.
Moreover before approaching Police as per above Bye-Law provisions as per bye-law No. 172 and 173 extracted below;
172. Member/Members shall submit their complaint application to any of the Office bearers of the Society, in writing, giving thereby the details of the complaint.
173. After receipt of such, complaint application, the committee shall take decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Member, within 15 days thereafter.
174. If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority.
The member has violated Bye-Laws as above and now the ball is in Management Committee’s court to think of disciplinary action against the member for breach of Bye-Laws * as aforesaid.
If you are very particular about Police visiting your place which you think is a bad thing and people will also take it in bade taste which means a member has tarnished your reputation and image. You have a valid reason to file a claim of damages in Civil Court for tarnishing your reputation. You need a lawyer to handle it. Also generally deposit of around 25% of the claim is to be made in the State treasury which is refundable if you win.