EVIDENCE BY WAY OF AFFIDAVIT - AMAN MISHRA VS PREETI RATHORE

 BEFORE THE HON’BLE COURT OF DISTRICT JUDGE SAKET COURT, DELHI

CS SCJ CASE NO.  1130 / 2022

IN THE MATTER OF:

AMAN MISHRA                                            ….PLAINTIFF

V E R S U S

PREETI RATHORE                                    …DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT 

I, AMAN MISHRA S/O LALIT MISHRA, R/O 3RD FLOOR, RATHORE GARDEN SADAN, 1875/16, GOVIND PURI EXTENSION, NEW DELHI - 110059, do hereby solemnly affirm and declares as under:-

1. I say that I am the Plaintiff in the present case and am well conversant with the facts and circumstances of the present case and thus, competent to swear this affidavit.

2. I say that on 21 March 2022, I got the Number of the above said Defendant from Facebook Group of "Flats and Flatmates South Delhi '' a community created for Landlords and prospective tenants, this helps in getting the room without taking help of brokers and  in the afternoon around 12pm, I had a conversation with Defendant for the intention of accommodation on a sharing basis, first on call and then on WhatsApp, where Defendant provided an Instagram Page handle name as Luxurious Homestay.

3. I say that, on the same day, at 8 pm, I reached the desired Place/location vide address 1666/1, Govind-Puri Extension, Kalkaji, 3rd Floor and around 10:15 P.M and I booked the Flat/Room, and advanced first month rent of Rs. 12,000/- (hereby 'referred’ as Rent amount) to the DEFENDANT, and took 2 days' time till on the 23 May to pay Rs.24,000/- as Security Deposits. I further say that I cleared the security amount by 6:15 PM on the 23rd of May.

4. I say that Defendant made various promises like a maid for cleaning services, Wi-Fi, and peaceful accommodation and none of the promises was fulfilled especially of peaceful accommodation without invading the personal and private space of mine and my fellow roommate at unruly hours of the day as per Model Tenancy Act 2021. I further say that I and other roommates were charged Rs. 11 per unit for electricity even though my premises have separate electricity metres and neither Defendant have a commercial licence for charging such rates.

 

5. I say that  Defendant also charges Rs. 500/- for the water bill and  after a few weeks, when I enquired whether Defendant has any kind of authorization from the owner of the property i.e., Mr Rathore to rent the said premises on rent and after hearing this question, the Defendant snapped at me and started demeaning me.

6. I say that, on 22nd March 2022, the Defendant started to harass me by giving threats, to make false Criminal Complaints against me and to throw my luggage and other stuff outside the Premises from my room while I am searching for Job opportunities and doing other important things as any prudent person will do when they shift to a new city for better opportunities.

7. I say that, on 25th March 2022, again Defendant made continuous and multiple calls to me when I was out searching for various job opportunities. The defendant had the intention  to mentally torture and threaten me by stating that she will throw away the stuff by midnight even when I told her that I am in Gurgaon and it will take around 2-3 hours to reach home. 

8. I say that, on 26th March 2022, I requested the Defendant to move/shift me to a New Property bearing no. 8175/16, Govind-Puri Extension, where Defendant herself along with her family reside. The reason for shifting was that the new place already hosted another tenant on a sharing basis, and it makes it relatively easier to settle in a new city when one has a roommate to share burdens and other liabilities.

9. I say that, on 28th March 2022, I went to Bhopal for the hearing of a Case, during that time Defendant again threatened me on call to vacate the premises and involved my parents and abused me in very inhuman language about me and my family, and insulted me in front of my parents by putting false allegations by making a baseless and concocted story which has no head and leg

10. I say that, on 28th March 2022 after finishing my court hearing, I called the Defendant to know her grievance and to find the best possible solutions, in doing so the Defendant wasted my and my family’s time for around 3 hours constantly repeating her baseless and concocted grievances but was not interested in finding the solutions and the only thing that interested her was to kick me out of the rented premises on baseless and illogical grounds.

11. I say that me and my family struggled to persuade Defendant to reach a common consensus so that I can peacefully inhabit her rented home. 

12. I say that since 28 march till now, the Defendant have alway given mental torture, harassment, and threatened me and my roommate on daily basis. I say that Defendant used to visit my room 3 to 4 times a week after Sunset without intimating on pretext of inspecting the premises. The Defendant with an intention to irritate and harass me and my roommate on petty things kept repeating those things along with past petty things in loops thereby staying for 2 to 3 hours and invaded our privacy as well as personal space.

13. I say that Defendant constantly denies the easementary rights to which I and my roommate as tenants are entitled, such as using the vacant space in the adjacent room for eating meals while sitting on the floor, for changing clothes, using the table in other room for doing work from home as the hall in which I and my roommate's beds are situated have no access to charging point, keeping other rooms door open for cross ventilation or to access washroom. Further, Defendant also dictates as to how we should dress in the rented home and the Defendant even dictates to immediately close the main door which I am kept open for 5-10 mins for hot air to flow out after returning from work.

14. I say that Defendant always indulges in constant bickering to such an extent that it caused irritation and sucks the energy out of me or my roommates.

15. I say that Defendant did the same thing with my former roommates because of which they vacated the said premises within 24 hours on the 24th of April, 2022.

16. I say that my new roommate rented the shared space from 18th May 2022. That Defendant started having problems with my new roommate within the first week itself on the same petty issues which are legally easementary rights as mentioned in Para No. 10.

17. I say that, on 29th May 2022, Defendant asked my mother to clear her stay charges of 9 days which is Rs. 200 per day but my mother requested more time to pay rent during her stay.

18. I say that, on 30th May 2022, my mother paid/cleared the amount said by Defendant by borrowing Rs. 1800/- from someone considering the total amount of her stay in that rented premises.

19. I say that, on 30th May 2022, Defendant made multiple calls at night to my mother and also did various messages between 10: 30 P.M. to 1:30 AM to my father and asked to pay Rs. 900/- more for 9 days stay of @ 300/-, to illegally grab more and more money from my parent by giving non-sense reasons.

20. I say that, on 30th May 2022, I complained to Defendant's father about Defendant's wrongdoings and ill-treatements towards me. After listening to my grievances Defendant's father suggested some solutions in front of the Defendant, Defendant's mother and sister to which I agreed. So that I could live peacefully without any further interference of the Defendant over petty things. However, the Defendant was absolutely adamant for those solutions to be written down even after the objections from her father. To this I also  complied and also added the fifth point in her own handwriting vide agreement letter signed on 30th May, 2022 around 11:00-11:30 pm at Defendant's place.

21. That on 31st May, 2022, again the Defendant fought with me and his roommates on same petty things to harass, torture mentally and threaten with dire consequences.

22. I say that, recently on Sunday, 11th June, 2022, Defendant fought with my maid whose services were available from 8th of June. That maid's command over Hindi being weak as she is Bengali native. However, the Defendant interpretated her answers wrongly and ventured into my maid/cook character assassination, out of sheer humiliation the maid left the home leaving the uncooked food behind. After that the Defendant started constant bickering and harassing me and especially my roommate on something or other issue.

23. I say that the incident started taking place at or around 11:30 A.M. when the Defendant without prior intimation entered the home/rented premise, and even after repeatedly requesting her to leave the house and not to ruin the Sunday as this is the only day we get to  prepare our meal, finish the chores which we could not do on weekdays owing to our occupational commitments. However, the Defendant didn't leave and rather got infuriated as to how I could dare to ask the Landlord to leave.

24. I say that, the Defendant closed all the doors and windows and started shouting at me. When  I immediately went upstairs on 4th Floor to inform the Defendant’as parents, the Defendant immediately came behind and started insulting me and asked me to go downstairs.

25.  I say that, the initial bickering started to unfold to ugly verbal indulgence. That the I even politely asked the Defendant to leave so that the I could take medicine and rest. In response the Defendant switched on the lights and sat on my roommate's bed adjacent to my bed.

26. That, in absence of any solutions, my roommate decided to finish the assigned task of office on his laptop. While my roommate was doing required preparation on his bed, ignoring the constant bickering of the Defendant. The Defendant in infuriation violated the personal space of my roommate with a clenched fist. In aghast my roommate pushed the Defendant and asked Defendant to leave bu the Defendant didn't leave. Out of sheer despair me and my roommate tried to rest. However, again the Defendant violated the personal space of my roommate when the Defendant sat on my roommate's bed and started hitting my roommate with edge of her phone for an hour to such an extent that my roommate's hand turned red and swelled.

27.  I say that, seeing no way out to excuse themselves from the company of the Defendant, I and my roommate with an excuse to buy essentials and groceries went outside so as to lighten and freshen our mood for the next day of work.

28.  I say that, me and my roommate after getting fed up with Defendant's frequent demands to vacate the premises on illogical grounds, politely asked to refund their security deposit and give them 3-4 hours of window for vacating the house as final solution or let them live peacefully without constant interference and invading their personal space and privacy.

29. I say that, on 16 June, 2022, the Defendant came to our rented premises and again became very abusive on the same petty issues towards me and my roommate which already mentioned paras. The Defendant came on around 7:30 P.M. and harassed, threatened and fought with me and my roommate and left at 9:30 P.M. approx.

30. I say that, on 17th June 2022, I  left the house for his office at 8:00 am so as to report office at 9:00 am and was present in the office from 9:00 am to 6:30 pm and in the morning before leaving for the office he had requested the Defendant to return the security deposit since he was fed up with Defendant's constant harassment and mental torture.

31.  I say that, the serious cause of action aroused when at around 3.15 pm the I received the call on his mobile from Constable Rajendra from Kalkaji police station and the policeman informed that the Defendant has filed and lodged a Complaint U/s 354 of IPC and the police man directed the I am to report in the police station latest by 7:00 pm to record his statement and to join the investigation.

32. I say that I was aghast from this news. As for me, no such incident had ever happened with him. That, it was the Defendant only who was and is continuously brutally harassing me with malafide intentions, so that the I should vacate the room without demanding the refund of security deposit which the Defendant was denying to return on various occasions.

33.  I say that, around 08:00 pm I along with my roommate reported to the police station and upon questioning by the 10, narrated the whole incident to the police officer to which the police officer understood the whole scenario and told me to go back home after giving them a warning. However, the 10 did not take the action against the me after analysing the entire case to be false, concocted, and frivolous.

34. I say that on the same evening when I returned home from the police station the Defendant again started abusing me and told me to vacate the room right away or she would throw all his stuff and get him arrested by the police. To which I clearly told that he is ready to vacate the premise of the Defendant once returns the security deposits right away.

35. I say that, at around 10:00 pm Defendant called the police officer from the local police station. The police official namely Head Constable Rajesh Kumar 312/SE Kalkaji Police came there and upon the instigation and influence of the Defendant, he instead of listening to me started threatening me in spite of knowing that I am an advocate and thereby a legal occupant of the premise. Further, he threatens the me with "ki tere jaise 56 vakil dekhe h. chupchap room khali kar aur jyada lawyergiri mat jhad, warna andar karke poora law bahar nikal dunga" 

36.  I say that, finding no other option to resolve the dispute in spite of several requests, I went to the Kalkaji police station and gave a handwritten complaint to the SHO of Kalkaji Police Station around 12:30 am on 18.06.2022. To which no action has been taken since the Defendant is a female and her family has got influence in the local police station.

37.  I say that, I have full apprehension that the Defendant might use illegal tactics to get rid of her liability of refunding the security deposit to me and with a malafide intention she might drag me into false cases involving serious criminal offences.

38.  I say that, despite the several reminders to the Defendant stating that I am  ready to vacate the rental premises once the Defendant returns the security deposit. Since then, the Defendant has been constantly threatening and harassing me and my parents. That in spite of several complaints over calls to the local police station Kalkaji requesting for support and assistance to resolve the dispute and register FIR against the Defendant the SHO Kalkaji has failed to take any action against the Defendant and has not provided any assistance. That is completely unsafe for me to stay in the rented premises, since the Defendant is a habitual offender and has done similar acts with other co tenants and now her next target is I am and she might go up to any extent to fulfil her illegal demands.

39.  I say that, the I am's roommate vacated the room on 18th June 2022 around 09:30 pm. However, the Defendant is me and sat in the rented premises around 08:40 pm on the pretext of checking the premises and to get keys. However, the Defendant continued to stay even after my roommate had handed over the keys and left. That I am feeling unsafe in the Defendant presence immediately left the premises and dialled 100 for police assistance. Around 11:00 -11:30 pm even after getting the police assistance I took my laptop and important documents left for a friend's place to spend the night in peace. Then, on 19 June 2022 I am went back to his rented premises to do his chores.

40.  I say that, on 19.06.2022 Defendant constantly harassed I am's mother by sending her various messages over WhatsApp and constantly calling as well as threatening her of dire consequences. Not only this the Defendant repeatedly called the my mother on 18.06.2022 in Nagpur even when she categorically informed her that she is at work.

41.  I say that, due to Defendant's constant harassment, bickering and belligerent and vengeful nature is making it impossible for me to stay at the said premises. I have strong apprehension that if he would continue to stay at the rent premises, then there could be irreparable harm to him, his property, and his image. Therefore, out of sheer helplessness I am forced to vacate the room and the Defendant is not returning the I am's security deposit of 24,000.00 given at the time of renting the premises.

42.  I say that for safety concerns I am sleeping at my friend's place during night for the past 2-3 days. However, when the I reached the  on 20.06.2022 at morning around 07:15 am, he was astonished to see the Defendant and Defendant's friend had joined the two beds, one of which was I am's bed. They even hastily threw the I am's stuff which was kept on the bed in another room. The Defendant was not even ready to get out of the room until I called the Defendant's parents and police.

43.  I say that, I had sent complaints to police officials of: SHO - Kalkaji Police Station - Dated: 20/06/2022 ACP-Kalkaji Police Station - Dated: 20/06/2022 DCP-Kalkaji Police Station - Dated: 20/06/2022 Against the DEFENDANT, intimating about the illegal acts of the DEFENDANT and requesting them to take necessary action. (Copy of complaints, their postal receipts for the same has been attached with the application as annexures herewith).

44.  I say that the first cause of action arises on 22nd March, 2022, when the Defendant started to harass and give threats to make false criminal complaints on me and to throw the stuff and things outside the rented premises.

45.  I say that the second cause of action arises again on 25th March, 2022, when the Defendant made multiple and continuous 16 calls to me to torture mentally and threaten to throw stuffs and all.

46.  That further cause arises on 28th March, 2022, when I was in Bhopal for case and the Defendant threaten on call to vacate the premises and also involves my parents. that the further cause of action continues when the Defendant constantly denies for easementary rights me and my roommate for eating meals, for changing clothes, using tables for doing work, etc.

47.  I say that the further cause of action still continuing and on 30th May, 2022, when Defendant did multiple calls to my parents to harass, torture and threaten to them for purpose of rent.

48.  I say that the subsequent cause of action arises on 31st May, 2022. when the Defendant fought with me and my roommate on petty things and harass, torture mentally and threaten of dire consequences.

49.  I say that, the subsequent cause of action arises on 11th June, 2022, when again the Defendant forcefully entered the rent premises, fought with my cook, with me and my roommates and violated the privacy and personal space for over 6 hours.

50.  I say that, the subsequent cause of action arises on 17th June, 2022, I left the house for his office at 8:00 am so as to report office at 9:00 am and was present in the office from 9:00 am to 6:30 pm and in the morning before leaving for the office he had requested the Defendant to return the security deposit since he was fed up with Defendant's constant harassment and mental torture.

51.  I say that, the subsequent cause of action arises when at around 3: 15 pm the I received the call on his mobile from Constable Rajendra from Kalkaji police station and the policeman informed that the Defendant has filed and lodged a Complaint U/s 354 of IPC and the police man directed the me to report in the police station latest by 7:00 pm to record his statement and to join the investigation.

52.  I say that the subsequent cause of action arises on 18th June 2022 around 09:30 pm. However, the Defendant came and sat in the rented premises around 08:40 pm on the pretext of checking the premises and to get keys. However, the Defendant continued to stay even after my roommate had handed over the keys and left. That I am feeling unsafe in the Defendant presence immediately left the premises and dial 100 for police assistance. Around 11:00 -11:30 pm even after getting the police assistance my took his laptop and important documents left for a friend's place to spend the night in peace.

53.  I say that the cause of action has arisen and continues due to Defendant's constant harassment, bickering and belligerent and vengeful nature making it impossible for the me to stay at the said premises. I have strong apprehension that if he would continue to stay at the rent premises, then there could be irreparable harm to him, his property, and his image. Therefore, out of sheer helplessness the I am  forced to vacate the room and the Defendant is not returning the my security deposit of 24,000.00 given at the time of renting the premises.

54.  I say that, further the cause of action continued when the I reached my home on 20.06.2022 at morning around 07:15 am, he was astonished to see the Defendant and Defendant's friend had joined the two beds, one of which my bed. They even hastily threw the I am's stuff which was kept on the bed in another room. The Defendant was not even ready to get out of the room until I called the Defendant's parents and police.

55.  I say that, the cause of action arises at landlord premises where I gave the Security deposits to the Defendant, which comes under the territorial jurisdiction of this Hon'ble Court and hence this Hon'ble Court has the jurisdictional authority to entertain and adjudicate this case and take necessary action.

56.  I say that, for the Security Deposit of Rs. 24,000.00 transferred on 23rd March 2022 through GPAY to Defendant's Bank Account. Thus, the suit is valued at 24,000.00 and court fee of 2100 is paid.

57.  I say that I have no remedy and other alternatives to recover my Money so that I came before this Hon'ble Court to get the Relief in favour of me and against the Defendant, in the interest of justice. Therefore, this Hon'ble Court has the discretion to adjudicate and proceed further for trial.

58. 
    

DEPONENT

V E R I F I C A T I O N

Verified at NEW DELHI on this      day of             2023 that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing is misstated and concealed therefrom.    

                   

  DEPONENT