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Shoba Eshwar   29 August 2018

Nuisance from neighbourhood

I reside in Vasanthnagar Bangalore, there is a pg behind my house which caters for around 70 girls. It is adjacent to my southwest bedroom. The noise created is sometimes beyond tolerance, the girls start meeting ,greeting around 11pm and the gathering goes on till around 2pm everyday. The noise is on and off, laughing banging slamming the doors ....... I have raised the issue several times to the lady who owns the place, but resides elsewhere, she is not affectedby these disturbances at night. There is no warden during the night times . Whenever I complain the watch man comes on his roof and asks the girls to stop, but he too has to call the girls loud and the disturbance is even more due to this as he has no access to the pg. The shutter is pulled down and up in the late hours sometimes a number of times, and very early in the mornings the noise is so disturbing that we are not able to sleep. Earlier when the renovation was happening, our complaints were answered very politely by the owner very apologetically, now she says the pg is been registered and the protocol is 11pm for noise and denies the complaints. To make it worse, they have constructed a room ground floor, first floor for the security guard at the compound without any setback on the same southwest bedroom of our house with a sheet roof. The watchman lives with his family, they are too loud and most of the time on the roof which is at a hands stretch from my window. They are talking loud, drying clothes even their children accompany them on the roof which doesnt even have a fence and when they have guests they keep awake the whole night . The watchman wife does the washing of the used utensils by the pg girls late in the night making loud noise and when we ask them to finish all that before 10pm, they justify by saying the girls finish their dinner only then and they have to prepare for their breakfast before 6am. So they can't avoid the noise. Can you please suggest a way for solving this ?


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 10 Replies

Adv Deepak Joshi +917017821512 (Advocate)     29 August 2018

Dear querist,

May file police/private complain under Section 268 in The Indian Penal Code

268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.


Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Shoba Eshwar   29 August 2018

Thank you for the response.

Shoba Eshwar   29 August 2018

Can you please tell me what is the permissible time for noise from neighbourhood, the pg owner says it is 11pm, I thought till 10pm it is OK and 11 is quiet late.

Shoba Eshwar   29 August 2018

Can you please tell me what is the permissible time for noise from neighbourhood, the pg owner says it is 11pm, I thought till 10pm it is OK and 11 is quiet late.

SOLOMON.RAJ (advocate/director)     30 August 2018

Mrs.Shoba,

Apart from filing a criminal case under section 268 for public nuisance you can also file a complaint before the muncipal commissioner seeking cancellation of license for creating nuisance in a residential area and for spoiling the peace and tranquility.

The permissable time differs from state to state and also from season to season . For example for festivals like Ramadhan and diwali it is*xtended.

Please also submot a complaint to the Police commissioner of your state.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Shoba Eshwar   30 August 2018

This is Bangalore Karnataka, non festive days permissible timing?

Shoba Eshwar   30 August 2018

Thank you for the response, today I have invited the pg owner for a discussion and wish to sort it out.

Shoba Eshwar   30 August 2018

Today, we had a meeting with the pg owner accompanied by her father and husband. They deny all the charges not listening to us and threatening us only. My husband and myself, finally put our problems and told them they should attend to it, they finally agreed to see to that it doesn't repeat.

The husband of the pg owner was quite rude, and trying to confuse us. When I tell the first problem with the girls noise in the night hours,  second the watchmans room at our compound with a sheet roof and the family and guests on the roof at odd hours intefereing in our privacy, third the loud noise of washing utensils after 10pm.

When we tell problem 1 he tries to confuse us with the 3rd or 2nd and vice versa.

I have recorded the conversation. 

I only hope the nuisance stops.

 

SOLOMON.RAJ (advocate/director)     31 August 2018

Well Mrs. Shoba i hope things will takeshapeafter your talks and will come to shape.

Now atleast you have some evidence in the form of voice recording . In case he wont budge you can always lodge a criminal case with the evidence you have like i advised you earlier.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Shoba Eshwar   31 August 2018

Thank you,  for the advice Adv. Solomon Raj.

I too hope the issue will be solved


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