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sathyan (-)     07 January 2014

Problem of nocturnal neighbours

I bought a flat 3 years ago. I have nothing to complain about the quality of the construction, but the design problem which I thought was small has reached gigantic proportions. The kitchen in the next block is approximately 5 feet away from my bed room. For the past two years it was let out by the owners. As the tenants were leading a normal life we had no problems. Now the owners are occupying the flat. Both the husband and the wife work in the IT firms. Their domestic life starts around 10 p.m. I am diabetic and 63 years old. My wife is both diabetic and a B.P patient. She is 58 years old and also suffers from osteoporosis. When people usually dream in their sleep in our case good sleep has become a dream for us. We take sleeping tablets or homeopathy drops to get some sleep. But after the arrival of the nocturnal neighbors we suffer without sleep. Operating of the mixie, cooking, washing dishes and speaking from the kitchen to her child and her husband make us awake from the slumber. After this for hours together we remain sleepless. I request you to whom I have to sue whether the nocturnal neighbor or the builder or the local authority( chitlapakkam local town panchayat) which approved the building plan. Or may I ask the builder to make some modification like sound proofing the windows at his own cost ( like providing additional wooden windows inside the room). 

I request a clear guidance in this matter.

 Thanking you, 

Yours faithfully,

V.S.Sathyan



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 2 Replies

Saumya Chitranshi (Associate Advocate)     07 January 2014

I would suggest you to first try and resolve this matter amicably with your neighbors and if the issue persists then you may raise the concern to the local authority as in the 'society welfare association or any other authority' which usually takes care of the area/society/building you are living in. The issue shall resolve at that level and if not then you may ask the builder to do the hardware changes. 

prof s c pratihar (medical practitioner &legal studies)     29 January 2014

Say it not a flat but a dwelling house making such noise and creating sleep problems for you what to do?i suggest you to talk with your neighbour so that they take up the matter for amicable settlement.failed.think bus services are allowed and are residing road side which will ply normally up to 11 pm.and you are to get adjusted to it.after 11 pm if noise disturbs you complain to pollution control board and that agency will issue notice to contractor regarding regarding clearance before constructïon.last resort is advocate notice followed by suit for private nuisance. a civil case be filed for compensation&injunction be prayed.prof sc pratihar


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