Disturbance from common terrace

Querist : Anonymous (Querist) 27 April 2020 This query is : Resolved
We live in a four floor apartment and above our floor, there is common terrace. The issue is few of the residents from our apartment goto terrace and jump run play cricket, hit bat on the floor etc, which creates disturbing noise in our house. Is there anyway to stop it legally? We have tried approaching the building secretary but they denied our complaint and said where else do we play.
Thank you in advance

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Residents are experiencing significant noise disturbances from neighbours playing cricket and other activities on the common terrace. Despite approaching the building secretary, the issue remains unresolved. Several legal options are suggested, including lodging a written complaint with municipal authorities and the fire department, filing a police FIR for nuisance and property damage, or approaching the Sub-Divisional Magistrate under Section 133 of the Criminal Procedure Code. It's also advised to gather evidence and consider involving other residents in a formal complaint to the Registrar of Societies if initial steps fail.

Raj Kumar Makkad (Expert) 27 April 2020
Though the terrce is common for all the residents of your society members but even then the same is not menat for playing the cricket. If the management of the soceity is not ready to take any action then take the help of other residents of the soceity and make a written complaint, failing to get any favourable action, move your complaint to the Registrar of the Societies of your area.

Dr J C Vashista (Expert) 28 April 2020
Whether the apartment(s) where you are living is a cooperative Society or RWA or Builder floor to find out the appropriate person / authority to resolve the matter?
No one can disturb peaceful community living, especially playing cricket on the roof, which formed part of "common area".
Approach municipal authorities with written complaint if the matter can not be resolved within the residents/ management of the apartments.

Hemant Agarwal (Expert) 28 April 2020
OPTION - 1:
1. Lodge a written complaint to the local Civic /Municipal authorities and the Fire dept., that due to the cricket playing activities, the Terrace Floor Slab has become weak and may collapse and request for inspection. This will spook off the Society Committee and all its members. Follow up on this complaint repeatedly.

OPTION - 2:
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Nuisance, Mischief, Harassment, Breach of Trust, Damaging Property etc.... against said persons, supported with all relevant supporting Documents, Evidences & Witnesses. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

KISHAN DUTT KALASKAR (Expert) 28 April 2020
Dear Sir,
Terrace is not a play ground. You can get issue a legal notice and file suit for injunction and restrain them.

P. Venu (Expert) 28 April 2020
Is this temporary phenomena because of the present lock-down?

Rajendra K Goyal (Expert) 28 April 2020
Terrace is considered as the common area, can be used fro common activities. playing cricket on the terrace can not be termed as permissible activity. It cannot be a playground.

Lodge complaint with the Registrar of societies and police as well.

You can use to record (within legal ways) the evidences to be used during investigation.

Raj Kumar Makkad (Expert) 28 April 2020
One more remedy can also be availed. You may file a complaint under secriion 133 of Criminal Procedure Code before Sub-Divisional Magistrate seeking removal of this nuisance. This is very short procedure than a civil case or police case. Otherwise also, one should not invite enemity in the neighbourhood. 133 CrPC procedure is just remedial process.

Rajendra K Goyal (Expert) 29 April 2020
As advised, have proper record of the nuisance created

You can proceed by lodging a complaint with the SDM as alternate path.

If the same temporary and is due to lockdown, it is advisable to overlook taking it a temporary phase in extraordinary situation.

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