Do I have legal grounds against the builder's harassment?

Hello. I live in a society in Ahmedabad where the builder also resides. He insists on reserving a common parking spot near his home exclusively for his car, despite it being designated for any resident. Whenever we park there, he knocks on our door, demanding we move our car. Out of courtesy, we've often complied to avoid conflict. However, this persistent behavior is concerning. While other residents tolerate his actions, I feel this is enabling his bullying. I’m considering filing a case in consumer court, as his behavior seems like bullying/mental harassment. The society chairman has shown no interest in resolving this. Do I have any legal grounds, and could a legal route offer a solution? Thank you for your guidance.

3 Answers
Only verified advocates can give an answer Sign In
A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 05 Nov 2024

His insistence on reserving a common parking spot for his exclusive use, despite it being designated for all residents, can be perceived as bullying or harassment. Since the society chairman has shown no interest in resolving this matter, you may consider filing a complaint in a consumer court. In consumer court, you can argue that the builder's actions constitute mental harassment and a deficiency in service, similar to cases where compensation was awarded for mental distress due to unfair practices. Legal routes can provide a solution by holding the builder accountable and ensuring fair use of common facilities within your society. Consulting with a legal professional will help you understand the specifics of your case and the best approach to take.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 04 Nov 2024

- Make sure to review the society's rules, if the builder’s behavior is eligible to be considered as harassment, you may have grounds for a complaint in consumer court. Instead of directly pursuing legal action, consider mediation as a potential solution. Consult a lawyer to get a tailored solution for your problem. Consider involving other residents too, a collective approach would strengthen your voice.

Admin
Advocate By LEAD INDIA Answered: 04 Nov 2024

Sir, firstly you should review the society’s by laws or agreement regarding parking and if it is found that the act of builder was unethical then you may consider sending a legal  notice for preventing the use of facilities available to all with the help of an expert lawyer who will assist you in filing a complaint to appropriate authority. For further legal assistance contact us on our helpline number.

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now