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Noisy upstair neighbour

Querist : Anonymous (Querist) 10 January 2020 This query is : Resolved 
I live in Mumbai. I am getting troubled by an upstair neighbour for past one and half year.

They create hammering sound, drag heavy objects late at night. I feel we are living under a workshop 24 *7.

We told them not to make such noises to which they said it's their 1 year old son who plays inside house. Again when we asked them to live peacefully and let us also live, they said its their flat so they can do whatever they want.

Complaint in local police station has been of no use.

Please guide me how to tackle this situation.
Dr J C Vashista (Expert) 11 January 2020
Is there any RWA / Society of flats where you are residing ? If so, approach them for finding "some" amicable settlement. If not complain to local municipality.
Even then if you are not satisfied, move to the Court u/s 91 CPC.
It is advisable to consult a local prudent lawyer with relevant records for better appreciation of facts/documents, professional advise and necessary proceeding.
Querist : Anonymous (Querist) 11 January 2020
Thanks for the solution. I would like to add that there is no society formation yet. We had called the builder to listen to the noises. After which builder had called the upstair neighbour and asked him to not disturb others.

But this was of no use as his activities continue till date. I have recordings of those sounds. Every time they made noises, I would write on twitter tagging the local police.

Will these proofs be sufficient to teach him a lesson?
P. Venu Online (Expert) 11 January 2020
Facts, as posted, suggests no cause of action. May be you are not in good terms with the neighbour.
R.K Nanda (Expert) 12 January 2020
Remind him again and settle matter amicably.
Guest (Expert) 12 January 2020
Noise is considered as Public Nuisance under Section 268 IPC
Guest (Expert) 12 January 2020
Noise is also considered as Offence relating to Public, Health , Safety ,Convenience and Morals under IPC Sections 268, 269, 270, 278, 280, 287, 288, 290 and 294. Under IPC Sections 188, 295 , 296 , 337 , 399 , 441 , 425 , 426 , 503 ------ the Noise Pollution could be punished with the help of aboce IPC Sections
Guest (Expert) 12 January 2020
Draft your Complaint with the help and guidance of an Local Good Advocate and file it with Police first
Raj Kumar Makkad (Expert) 13 January 2020
I stand with the wise advice of Expert Vashishth wherein he suggest to file a suit under section 91 of Civil Procedure Code. This section is a good weapon to be used in such matters which not only consists civil but also criminal remedy. Invoke this section.
Raj Kumar Makkad (Expert) 13 January 2020
Even if there is no formation of the society, you cannot be made to suffer a disease by an uncivilized neighbour every day. Law has remedy of all sins/scenes created by such people.
Raj Kumar Makkad (Expert) 13 January 2020
It is also seen that generally police do not take action in such quasi civil matters so there is no use to waste time in lodging complaint there. Either invoke section 91 CPC or may even file a criminal complaint under section 133 of criminal procedure code before SDM. In both situations, you need to engage a competent lawyer.
Guest (Expert) 14 January 2020
Only the Un ethical persons would comment on Police in designated public forums
P. Venu Online (Expert) 14 January 2020
Admittedly, all the alleged problem is because of a one-year old boy. I am at a loss understood how a civil or criminal action could be initiated against an infant!
krishna mohan (Expert) 16 January 2020
If the sound is by an action of a child, better to sort out the issue amicably. If you do not believe that it is by an action of a child then proceed to take action as advised by Dr.Vasishtaji.
T. Kalaiselvan, Advocate (Expert) 16 January 2020
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor's house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

Harassment Through Nuisance
A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Querist : Anonymous (Querist) 17 January 2020
Thanks for the reply. I did call helpline 100 and when the police arrived they first went to meet that person. After they came to my house, they started saying noise will be there, its there kid who is doing. We tried to tell them the noise is not made by a 1 year old as this problem has been there for past 1.5 yrs.

Then the police said you resolve this matter in front of senior inspector(SI). SI will call both parties together to resolve the matter. But I didn't get any call from SI either.

So far I have given written complaint in police station twice along with NCR. But the problem is still there. In fact after the police visited, that person has become more carefree & is creating louder noises.
P. Venu Online (Expert) 17 January 2020
Facts, presently posted, are less than convincing. It suggests that you are overreacting to a trivial issue.

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