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LEGAL FAQS

Q: A fruit seller and a vegetable vendor have set up stalls outside my mill, making ingress and egress difficult. I filed a case under Section 144 of the CrPC and got an order in my favour. In spite of directions from the local councillor and the DC South (law and order), the inspector has been inactive. How can I have these vendors removed?

D.K. Saha, Calcutta

A: Send a written complaint to the DC South (law and order) regarding the non-compliance of the order and the laxity shown by the inspector. If this does not help, you can approach the civil court for mandatory injunction against the trespassers.

 

Q: We have been living in a rented accommodation for over 70 years. My father-in-law was the original tenant. After his death, the tenancy was transferred to my husband with permission from my mother-in-law. Recently I learnt that my son had the tenancy transferred to his name after my husbandís death. When he tried to drive me out of the house once, the landlord intervened. He is quiet as of now. What if he tries to do that again? Please advise.

Name withheld

A: You seem to be a victim of domestic violence committed by your son. You should immediately file a written complaint regarding the incident with the local police station and the womenís grievance cell. Also keep the superintendent of police of your area informed. This will deter your son from ousting you. However, if he tries to do that again, file a case against him under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005, and seek restraining, monetary and residential orders.

 

Q: The promoter of our housing complex mentioned open space and greenery in the building brochure. Now, after the completion certificate has been received, we find that the promoter has earmarked a part of the open space for car parks. He is offering them to flat owners who do not own any car parking space. Can he do that? Whom should we approach for legal help?

Indira Das, Chandannagore, West Bengal

A: If the agreement for sale as well as the sale deed mention the open spaces as common areas, you could file a suit at the civil court for declaration and permanent injunction against the promoter. You could also file a case before the consumer grievance redressal forum seeking compensation from the promoter.