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Nikunj   01 May 2024

Neighbour's window ac vibration issue

One of my neighbour (the one exact below my flat) has ~20 years old window AC and this AC generates heavy vibration to my house. The vibration keeps increasing during night and we can feel that vibration in all our 3 bedrooms. Because of the vibration at whole night, we are not able to sleep properly and causes health issues. My parents are senior citizen and having their health issues and I've a daughter of 1 year. Actually, that house is owned by someone else and he gave it on rent to some tenant. We have requested many times to the owner on phone (communication possible through phone only as owner leaving in different city) to remove window AC which gives us immense noise and vibration but he says that he has given on rent and now talk to my tenant. When we go and talk to tenant he says go and talk to our owner. After few iterations, owner has blocked us from his mobile so we're not able to connect with him as well and tenant not at all listening to us and asking us to talk to his owner. Now, we are stuck in this situation since last few years. We wanted to settle down the matter silently so we requested in our society chairman as middle-man but the owner not give proper response to the society chairman as well.

Kindly suggest how shall we proceed with legal actions in neighbour's window AC causes heavy vibration to our house.  

Many thanks



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2024

Could you give a complaint to the Committee of the society in the matter and mark a copy to the Jt/Dy Registrar of the Cooperative societies of your district by a registered post?

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

This is a civil nuisance. 

You have to take legal steps to stop the nuisance. 

You first issue a legal notice to the occupant about the noise pollution,  disturbance and mental tortures due to the unbearable sound effects and the vibration caused by his AC unit. 

You can instruct him to install the outdoor unit in a different place without disturbing the neighbors by its irritating sound and intolerable vibrations. 

Failing to respond or comply you may either give a complaint to local civic body or approach court with a permanent injunction suit restraining him from disturbing you through his age old antique Air conditioner. 

Dr. J C Vashista (Advocate )     02 May 2024

Submit your complaint to the Society management followed by police complaint (if not satisfied by action of MC).

You may also file a civil suit against the nuisance u/s 91 & 92 CPC.


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