Harassment by neighbour
Harish Priyani
(Querist) 29 February 2012
This query is : Resolved
Dear Sir,
From the past 2.5 months, we are being harassed by intermittent noise caused by some pounding activity carried out by an couple in a flat above us.
But he is not ready to accept the fact, when we paid a visit to his house, he did not open the door for 15 minutes during which i suspect that he must have stored all the machines or instruments that he must be having.
Even then i unearthed weights of 5 kg and 10 kgs and some motors in his master bathroom which he has converted into store room inspite of one store room being already there.
I have made a complaint to the committee of housing society but he is not ready to accept the fact.
Kindly suggest course of action please as this noise is unbearable...
Regards
Harish Priyani
V R SHROFF
(Expert) 01 March 2012
Prepare Affidavit of neighbors , of vibrations, noise.
try Recording Noise and vibration,
File Cri Compl for nuisance, & civil for Injunction order.
Lodge Police Complaint also
Guest
(Expert) 01 March 2012
For getting effective results in your case ,first record noise level db and thereafter file injunction application .
Power mower at 3' 107dB
Normal conversation (3-5') 60-70dB
Level at which sustained exposure may result in hearing loss 90 - 95dB.
The Central Pollution Control Board constituted a Committee on Noise Pollution Control.The Committee recommended noise srandards for ambient air and for automobiles,domestic appliances and construction equipments,which were laternotified in Environment(Protection) Rules,1986 as given below:-
------------------------------------------------------------------------------- Area Category of Area Limits in dB(A),Leq
Code Day time Night time
-------------------------------------------------------------------------------
A Industrial area 75 70
B Commercial area 65 55
C Residential area 55 45
D Silence Zone 50 40
Adv.R.P.Chugh
(Expert) 01 March 2012
Dear Querist,
File a suit for permanent injunction seeking to restrain him from continuing with this nuisance. Also ask damages for the unlawful interference in the peaceful use and enjoyment of your property that you had to face because of persistent disturbance.
If there are others affected in your society it makes sense to file a representative suit u/s 91 CPC for its abatement.
A Criminal Complaint for public nuisance can also be filed u/s 268 - but for the same it has to be a public nuisance, if you are the only one being bugged with the same.
Harish Priyani
(Querist) 01 March 2012
Dear Sir,
Most of the ideas are very much workable, but in my case it is very tricky as i don't know what activity he is carrying out and hence i don't know against what activity should i file an injunction.
Sir, please also guide me as to how civil complaint or criminal complaint is to be filed since i have no knowledge about the same..
Regards
Harish Priyani
Deepak Nair
(Expert) 01 March 2012
You can file a criminal complaint with police for nuisance, stating all the facts in detail. It is better to gather support of your neighbours as that will give you more weightage.
VENKATESH HEGDE
(Expert) 01 March 2012
Agree with my all other colleagues, also you can bring notice to News media & news papers will be also an evidential proof & effective.
Sankaranarayanan
(Expert) 01 March 2012
With the support of neghibrs you all lodge a complaint against him in ur jurisdiction police station
Harish Priyani
(Querist) 01 March 2012
Sir,
my neighbours will not testify as no one wants to be involved in police cases if their interest is not at stake.
Please tell me how to proceed....
Deepak Nair
(Expert) 03 March 2012
Even if the neighbours do not support, you can approach the police.
adv. rajeev ( rajoo )
(Expert) 01 March 2012
