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Noise irritation

(Querist) 21 October 2011 This query is : Resolved 
my neighbour staying above are tenant staying from last month,they keep on making noise after 11pm till 1am,
i have informed them that noise is coming and our sleep is disturbed because of that evry day,the answer they replied,
was that, what can we do, so i complained to the owner son about it,he told me that they are couple and you can understand about it,
i told that little bit of noise is okay for a limit,but the nosie is increasing bit by bit and this happens after 11 pm which goes to 1am in the morning,
the owner then told me that if you'll are getting irritated then go and stay in bunglow, this was the attitude and reply,i want to teach them a lesson,
what can be done......i come from work at 12am in the morning, the children also has to get up in the morning at 7am to go to school,their exam were going on,
we all are mentally disturbed because of them,our day gets spoiled because our sleep is not complete......i spoke to the owner son requested him to see about it,
he told me that only for one year the tenant will be staying.......what can be done....i informed the chairman of the society,
he didnt take my complain letter, i told the chairman of the society that i spoke to the owners son also about it.......
the owner who would stay first would run a tiffin bussiness they would supply 100 tiffins per day,they would start making noise from 5am in the morning we would not say anything because that
was their bread and butter the whole day people would come to their house,and this noise would go till 11pm,till 10yrs we have beared with them but now, we cannot
take any more noise...........please help and suggest me what can be done
ajay sethi (Expert) 21 October 2011
what kind of noise is being suffered by you ?

is it due to loud palying of music?

is it due to parties being held at the tenant residence?


if so you can lodge complaint with the police as noise level cannot exceed 45DB at night
Nadeem Qureshi (Expert) 21 October 2011
Dear Francis
send an application to District Magistrate or Sum-Divisional Magistrate u/s 133 Crpc and informed him about this, needful legal action will be taken
prabhakar singh (Expert) 21 October 2011
rightly guided by experts.
Ravikant Soni (Expert) 21 October 2011
I do agree..
Raj Kumar Makkad (Expert) 21 October 2011
Invoking section 133 Criminal Procedure code is best remedy. Engage a lawyer and approach to local SDM.
RAJU O.F., (Expert) 23 October 2011
Please confirm your concern is not out of proportion. What type of noice the couple is making during those hours is not known. I think the issue is only some ego problem. Speak with your neighbour with calm and try to be accomodative. Your problem is not yet clear.
dev kapoor (Expert) 23 October 2011
With due respect I have divergence of opinion regarding invoking of section 133 Cr.p.C. as it speaks about remedy for "Public nuisance" & not 'individual nuisance'. This kind of 'Nuisance' is defined in section 268 IPC.
Couldn't he think of getting injunction & implemented through police,as everybody is guaranteed to live a 'peaceful life'???
Devajyoti Barman (Expert) 24 October 2011
If the noise is indeed causing nuisance then file petition to the concerned Executive Magistrate u/s 133 crpc.
AA RAMAKRISHNAN (Expert) 27 October 2011
A good noise is aways good to the ears.But this noise is not good and you suffer from an irritated ear syndrom. The ramedies open to you are 1) go to the nearest police station and lodge a complaint 2) file a civil case seeking for an injunction


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