Actor and VJ Pooja Misrra has been unable to stay in her family apartment in Lokhandwala's Windsor Tower after society members termed her a nuisance and banned her from the premises. Legal experts say while residential societies have certain powers, they have no right to stop someone from living in their own house ­ at least not without a court order.

Windsor Tower's managing committee took a written statement from Pooja Misrra's family a year ago that she would not stay in flat number 401. A committee member claimed the former Bigg Boss contestant's “unacceptable behaviour“ prompted the action: she allegedly fought with neighbours for no apparent reason and made wild accusations that some residents were using black magic to sabotage her career. Pooja Misrra, currently in Hong Kong for a shoot, rejected the claims and said she had been “tortured and harassed“ by certain residents. She said she would drag the Lokhandwala society to court for “banning me from my own house“.

“My family bought this house, but I cannot enter it. They [society members] made my family submit in writing that I won't be given access to the flat. Which society does that?“ she said. “I am a lawyer and I don't need anyone else to defend me. I am taking this matter to the court.“ Apartment 401 is owned by her Singapore-based sister, Priya. Their parents live in Pune, and Pooja Misrra has been staying in Delhi for the past few months.

She was a contestant on Bigg Boss season 5, which ran from Oct 2011 to Jan 2012, a tumultuous stint that later led to a public clash with actor Pooja Bedi, who also featured in the show. She accused Bedi and other celebrities of spreading false rumours to harass her and damage her career.

In 2012, Bedi filed a defamation complaint against Pooja Misrra, and the case is far from over. A month ago, a court issued summons to Pooja Misrra, but the order could not be served as the Lokhandwala society told the police that she was not a resident anymore. “She has not replied to any summons issued to her. When the police went to the Lokhandwala building, they were told that she had been banned there,“ said Bedi's lawyer, Rizwan Siddiqui.

When this reporter enquired about Pooja Misrra at Windsor Tower, security in-charge Pradeep Awasthi said: “We have instructions not to let her into the compound. Her parents moved to Pune and the flat remains mostly locked. Her brother comes here, but she is not allowed.“ The society has submitted a letter in this regard to the Oshiwara police.

Noted society and consumer lawyer Vinod Sampat said housing societies had no right to stop a flat owner's close relative from entering the premises. (Apartment 401 is registered in the name of Pooja Misrra's sister.) “Anyone who is representing the member [flat owner] can enter the society building,“ he said. “Can a society insist on any documentation from a home owner's spouse to enter the building? It cannot. Similarly, it cannot prevent any guests from residing with the person.“

Residential societies can expel a member over wrongdoing, but the action can be taken only after procedures laid down by the law are followed. “If a society has problems with a member or his/her relative, it has to approach the police or a court before initiating any action. Stopping the person from entering the building without following the process can attract criminal action,“ Sampat said.

Uday Wavikar, another prominent lawyer in the field, has similar views, but said that if the owner was not actually living in the house, he she would have to submit documents formally permitting a relative or a guest's stay. “The person who is going to live in the house should have an authority letter or a power of attorney, or the person should be made an associate member of the society,“ he said.

Wavikar added that a society had the right to protect members' interests, but before taking action against an occupant, it should approach authorities and provide evidence of any illegal or immoral activity the person may be involved in.

A member of Windsor Tower's managing committee said it had become impossible for residents to live with Pooja Misrra. “Her behaviour was really bad. She would imagine things and fight with neighbours. She believed they were using black magic to prevent her from being successful. She used to level such ridiculous allegations and call cops,“ the member claimed.

Residents' attempts to resolve the row were apparently met with verbal abuses. “She made ridiculous accusations. Once she was getting inside her car and a stone or some other object struck the vehicle. She made a huge issue out of it, claiming residents were trying to hurl stones at her. Why would anyone do that?“ the member said. “Her family members are very polite and understanding. They apologized every time she misbehaved.“

The society asked Pooja Misrra's parents to take her away or face a police complaint. “Her brother and sister have given us a statement that she will not come here again,“ the member said.

But the actor-anchor said she was the actual victim. “I have been pursuing the matter with the police for a long time. I am also fighting a case against some society members,“ she said. “The society harassed me and made my father, a retired income tax commissioner, to apologize several times.“

She claimed her neighbours were jealous of her success and instigated fights. “They held me captive in the flat. I complained to the secretary several times about the harassment, but no action was taken,“ she said.