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Noisy upstair neighbour

Querist : Anonymous (Querist) 21 March 2020 This query is : Resolved 
Hello dear experts.

I wanted to know what kind of evidences can be collected against noisy upstair neighbour for filling a lawsuit.

The noise is that of some heavy object getting dragged, loud thumping sound.
This nuisance continues till around 1am.

Does local municipal corporation play any role in controlling such disturbances?

Also, approximately how much time it takes in court to get an outcome?

Thanks in advance.
Raj Kumar Makkad (Expert) 21 March 2020
Though your question is confined only up to the legal enquiry and I should also confine to that but it shall be better to personally talk with such neighbour if not possible one to one then take the help of the society management or other respectable failing which only you should record the sound, make videos, prepare other residents of the society as witnesses and then should serve upon a legal notice to remove the nuisance. Even if the creator of the nuisance does not change his way then go to the SDM court under section 133 of Criminal Procedure Code.

I may take a period of 6 months.
Advocate Suneel Moudgil (Expert) 22 March 2020
You can file a civil suit to restrain him from doing any such act which creates nuisance in your peaceful life,
Advocate Suneel Moudgil (Expert) 22 March 2020
The interim relief will take hardly 7-10 days, however, the outcome depends upon the merits of the case
Sudhir Kumar, Advocate (Expert) 22 March 2020
S/133 is a faster remedy.
Rajendra K Goyal (Expert) 22 March 2020
What is the reason, source, of such noise?
Whether other residents are also suffering, experiencing problems?

If steps through mutual talks, pressure from Society/ neighbours does not work inform Police when disturbance / nuisance is continuing.
Querist : Anonymous (Querist) 22 March 2020
Sound is that of heavy objects getting dragged, thumping sound that vibrates our ceiling. As they are doing all this on their floor (our ceiling) we are suffering the most.

Mutual talks, police complaint have been of no use. There is no society formation yet. Builder is not interested in solving this problem. The only option left is filing a lawsuit.

On this day of complete lock down in the city due to COVID-19 , this upstair person continues to disturb my whole family with his noisy activities.

I am looking for some instruments which can record those thumps as mobile phones are not that efficient for this purpose.
Advocate Suneel Moudgil (Expert) 22 March 2020
Respected Experts,
section 133 CrPC applies in the given circumstances?
as per the querist, it's a matter of nuisance by neighbors in a private place. It's my understanding,
I may be wrong but like to extend my knowledge,
Dr J C Vashista (Expert) 22 March 2020
Did you speak to the owner / occupant of upper floor of your flat, who is stated to have been making such sound ?
An amicable discussion/ solution to the problem should be preferred before moving to municipality / Court for legal recourse.
Querist : Anonymous (Querist) 22 March 2020
We did speak with the upstair flat occupant regarding the nuisance. He is denying that the noise is from his flat. We even played the video recording to him asking for an explanation. Yet again he said he doesn't do any such things.

After many complaints in local police station he was given a notice to remain peaceful and not to disturb others.

But after 2-3 days he again started. I doubt there is some commercial work going on in his flat. But I am in dilemma of how to confirm this.
Sudhir Kumar, Advocate (Expert) 22 March 2020
why all facts are not given in one go.
Raj Kumar Makkad (Expert) 22 March 2020
As your neighbor has been confronted 2-3 times earlier and he always denied creating such nuisance so better to immediately knock his door as and when such noise gets started so that he may be got apprehended red handedly. You may also take help of some other neighbours for this purpose.
T. Kalaiselvan, Advocate (Expert) 22 March 2020
The evidence you have to gather is to collect other neighbors by informing the supportive neighbors in advance about such disturbances and nuisances, knock the door of the neighbor from whose house the noise is suspected be emanating.
If the disturbing neighbor again denies the same, the people in your support can be witness to the constant and continuous disturbances caused by him and he may not escape this time.
You can approach police or the local civic body or the judicial magistrate court also for remedy if other sources prove ineffective to your complaint.
T. Kalaiselvan, Advocate (Expert) 22 March 2020
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
T. Kalaiselvan, Advocate (Expert) 22 March 2020
You may complaint the matter to the Secretary or the President of the apartment owners association about the nuisance created by the neighbor and request them to take proper action to check the nuisance and warn the trouble creators to behave properly with other residents. If this do not fetch desired result you may either issue a notice to the problem some resident with a copy endorsed to the President/Secretary or can prefer a criminal complaint for the alleged nuisance with the local police mentioning all the incidences.
If the neighbor is a tenant then you may call the owner and may direct him to warn the arrogant neighbor to behave properly or to vacate the premises.
T. Kalaiselvan, Advocate (Expert) 22 March 2020
There are solutions for everything, legally or otherwise.

You can take the steps suggested above for safe and secured living.

Rajendra K Goyal (Expert) 22 March 2020
Gather proofs through some agency if unlawful activities / disturbing activities are being carried there.On getting proofs may move accordingly i.e. for commercial activity, complain to Municipality for commercial activity in residential area with moving to law for relief.
Raj Kumar Makkad (Expert) 22 March 2020
Hiring agency can also be another option for the collection of the evidence but the same is an expensive method.
Rajendra K Goyal (Expert) 23 March 2020
It seems the relation with the owner of the said floor owner has already tensed. In such case, you may continue to send written letter / complaint on each and every event quoting all previously sent letters to Police.

Hope for some positive result.
Raj Kumar Makkad (Expert) 23 March 2020
As the police is not taking any action except to talk with the culprit, it shall be better to file a criminal complaint after collecting the due evidence.
P. Venu (Expert) 24 March 2020
A similar query posted some time back alleging that the alleged nuisance was because of a small child. Is this a repetition of the same issue?

Anyhow, you have the option of approaching the jurisdictional Magistrate under Section 156(3) CrPC.
Rajendra K Goyal (Expert) 25 March 2020
If the police is not taking any action / does not register case / matter is not resolved/ no amicable settlement possible, file direct complaint with the Magistrate u/s 156(3) Cr P C.

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