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Discussion > Others > General Discussion > Playing cricket and football in the housing society premises   Unanswered Threads Post New Topic

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There are 8 Replies to this message


RKP


self
[ Scorecard : 207]
Posted On 17 January 2010 at 22:39 Report Abuse

Sir,
Myself and my parents live on the second floor of a 1BHK flat at Mumbai suburb. We own the flat and are a member of the Cooperative Housing Society. Below the building we have some open space around the stilt. The problem is that lots of grown up school going children in the society play cricket just below our flat very close to our windows.
This is such a nuisance that they make loud noise and many times there were instances of cricket balls being thrown into our flat, fortunately the window glasses have so far not broken, but there is every chance of the same. 
Earlier in the past also such things have happened which led to quarrel. Last time some ~2 years back we had to file a police complaint due to this nuisance and the police had given the orders to completely stop the nuisances and the outdoor games in society premises.
Till some dyas the orders were followed but the problem again started and we had to warn the society of filing a police complaint after which it stopped.
Now again since some months the problem has started. When we objected, some members of the society whose childrens play outdoor games are telling "Go and file a complaint to anybody. We will play cricket and other game here only in the society".
We have talked to the Secretary and the Managing Committee of the housing society and even submitted a complaint in writing. However as per our previous experience they don’t take proper action permanently as their children are also involved in this.
 
As member and licensee of these building we have right for peace and tranquility and this cannot be taken away by these boys who are not only creating a lot of noise but also indulge in hooliganism when asked not to play and disturb the peace in the society.
 
It would be a kind help if you can advise and guide me as to what course of action I should pursue to stop this nuisance permanently.
 
 
Regards,
 
Rupesh KP
 


Online certification courses in IP, IT and Social Media laws


K.K.Malhotra


Chairman
[ Scorecard : 35]
Posted On 18 January 2010 at 21:18 Report Abuse

u can initiate civil proceedings by filing a suit for injunction against the sociiety  and residents wh are causing nuisance to get the samre stoped..



Total thanks : 1 times


RKP


self
[ Scorecard : 207]
Posted On 18 January 2010 at 22:20 Report Abuse

Thanks KK for the suggestion. We have tried all possible solutions like: 1) Requesting the children’s and their parents. 2) After failing the first method we requested the chairman and secretary of the society. 3) After failing the previous method we issued a notice to stop the nuisance or face legal action. Earlier some 3 years back we had filed a police complaint( against the parents as they are the ones who are not stopping their children’s from creating this nuisance ) and the police had asked the chairman and secretary to stop all cricket, football etc in the society which was followed for some time. But it again started and we had to issue notices repeatedly to stop the cricket. Previously on giving warnings of legal action the cricket used to stop but this time they are of no fear and shot back at us "Go and file a police complaint but we will not stop this". So now we are just preparing to file a police complaint. Any hint as to what( if any ) charges( for EFFECTIVE filing of a police complaint ) we can apply on them( children’s or their parents ) for creating this nuisance?


Member (Account Deleted)


Advocate/IP Attorney
[ Scorecard : 334]
Posted On 08 February 2010 at 21:16 Report Abuse

Hi,

You should file a complaint on grounds of "Nuisance" in a local police station and they will come and give them a warning.  If the children are causing nuisance, and if the parents support them, they are also held liable for the nuisance.

Cheers,



RKP


self
[ Scorecard : 207]
Posted On 08 February 2010 at 21:49 Report Abuse

Thanks KK Malhotra and Venkatesh for the suggestions.

 



Balkrishna Chavan


attorney
[ Scorecard : 22]
Posted On 11 February 2010 at 17:27 Report Abuse

 

Following is an example of one such opinion relating the matter:
Please refer your letter xxxxx signed by a section of august members of our Society. It is needless to repeat the contents.
The subject matter that the letter deals is distressing far down in the mind of all individual members.
For the sake of clarity, The Managing committee of the Society is of the opinion that when all of us had come together to form the Cooperative Society we have accepted the fact that that we were building up a community life within the housing co-operative, based on good neighborhood and fellow feelings wherein each is for all and all are for each. The relationship thus established created a bond between members, which inspired them to undertake further activities and social life on a shared basis. This is also in accordance with the Directive Principles of the State Policy enshrined in our Constitution which inter-alia provides for securing a social order for the promotion of welfare of the people.
Welfare of the members also includes the all-round development of their children. All of us are familiar with this; neither is it the purpose of the Managing Committee to impart ‘gyan’. The Managing Committee only wish to include all of you in loud thinking that the provision for an exclusive Children’s Park or Play ground is the only solution to the concerns raised. To that end we all are aware that the Society has limited financial resources to effectively handle the issue by providing a Children’s Park or play ground. So, any attempt like the present one that shunts the problem to the Managing Committee will only mean rest of you want to keep the issue unanswered and run away from it’s rewards.  
It is not appropriate for the Managing Committee to say that the children should be constrained and deprived from playing.  Managing Committee therefore believe that this subject matter must be thrown in realm of the all individual members for their assessment and apt solution.
You may kindly peruse and ponder, During the thought process many complex issues will surface that may include act of negligence, nuisance etc. determination of remedies and liabilities, payment of adequate damages and so on. We are also witness to an era where we have been settling these issues amicably.
Strictly speaking, there is no vicarious liability on the part of parents, guardians or any supervising adult unless they owed to the child direct duty of care or gave the child the opportunity to cause damage. This is because minors are typically held by law to a different standard of care than adults. For example, a minor's negligence may be evaluated against what reasonably careful person of the same age, mental capacity and experience would exercise under the same or similar circumstances.
Very young minors e.g. minors under the age of seven are typically presumed to be incapable of negligence.
Nevertheless, we will imbibe within ourselves a notion of responsibility, authority and control controlling our children in order to prevent harm to third parties.
May be, we need to discuss and arrive on a typical formula for evaluating negligence on the part of both the parties: Children as well as the members to prove that there was e evidence to show the act of negligence:
1.    Children playing game and their parents owed a duty to the other members.
2.    The child has violated that duty;
3.    As a result of the child’s  violation of that duty, the member has suffered injury; and
4.    The injury was a reasonably foreseeable consequence of the child’s action or inaction.
On the part of the members, for example, a person driving a car has a general duty to conduct the car in a safe and responsible manner understanding the need of children’s recreation with in a specific time.
This will require some moral suasion rather than simply forming two groups: 1. Parents whose children have passed the stage of needing the ground to play and, 2. Parents whose children are in play-group. We will then talk about framing of rules of strict liability under negligence and comity of nuisance, e.g. Principles, such as the “polluter pays”. We will also discuss measure for restitution of property. We will work on: whenever an exigency arises, a precedent shall be set up to take care of the peculiar situation. This, we believe, is a good solution to cope up with.
The essence is that we need to be sensitive to children’s recreation with open mind and must bring about desired solution irrespective of whether or not the rules were framed in the past prohibiting the children from playing some specific or other games in the Society. You may circulate this letter amongst co-opt  to your letter.
Regards
Hon. Secretary


S.Shravan Kumar


senior
[ Scorecard : 723]
Posted On 27 February 2010 at 12:35 Report Abuse

cricket and football are not indoor games. the nuisance problem effects every resident of ur flat. It is the duty of parent to control their children. pl gather atleast 10 members who r effected like you and submit representation to the society to stop the nuisance(i think ur society bylaws does not permit such type of games). if the society fails to take any action u can file injunction suit against the socity and the persons in the civil court.



Total thanks : 1 times


Anil Agrawal


Retired
[ Scorecard : 7449]
Posted On 01 March 2010 at 18:37 Report Abuse

The Managing Committee suggests to the meeting of the general body the games to be allowed to be played in the compound of the society. It is for the General Body, considering all the factors, to decide the kinds of games that should be allowed to be played. The decision cannot be detrimental to the general interests of the members. If it does, complain to the Dy. Registrar of your Ward.



Total thanks : 1 times


vivian


Boss
[ Scorecard : 28]
Posted On 02 April 2011 at 15:13 Report Abuse

What are the laws about playing cricket on the public roads? My car was recently damaged due to this nuisance (more details here -http://www.lawyersclubindia.com/forum/Car-damages-due-to-cricket-ball-34565.asp).

When I confronted these men who were playing cricket they simply told me that it has happened and I should leave it alone. What can I do about this situation?




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