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rna (Professional )     13 May 2024

Housing society loudspeaker issue

I bought a flat in Pune in 2022. Recently a huge temple has been constructed in our society.

I checked my agreement but nowhere it was mentioned about construction of any additional site.
No verbal notification was given by buider nor any consent was taken.

The problem is the loud speaker. It starts 8:30 in the morning for atleast 30-40 mins when lot of people are sleeping. Then 7:30 in the evening for atleast 1 hour when I have lof us ( I wfh most days) client meetings.

There are days when the loud speaker starts 7 in the morning and continues till 10 pm.
Today they started at 6 pm today. Continued till 8. Then started again from 9:15 and played bhajans till 11:30pm.

The noise is disturbing the peace a home should bring. I am afraid if I bring this issue it might be turned into hurting the religious sentiment issue.

Please know I am a minority.

What should I do?


Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You first find out if the temple is an authorised structure within the complex as per approved plan,  if not then you can sue the association with a suit for mandatory injunction to remove the unauthorized structures in the common area. 

About the the nuisance of loud noise due to the loud speaker you can make a complaint with the local police and the local civic body. 

Dr. J C Vashista (Advocate )     14 May 2024

File a suit for permanent and mandatory injunction against the priest of temple as well as managment of the complex.

rna (Professional )     14 May 2024

Thank you. My main issue is the loudspeaker. How should I refund this?

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

What refund are you talking about?

If it is causing you disturbance you can lodge a criminal complaint with local police. 

They will take suitable action as per law. 

rna (Professional )     14 May 2024

I meant resolve*

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You were advised about the steps to be taken in this regard.

If not understood you may take the assistance of a local lawyer to solve the issue legally

rna (Professional )     14 May 2024

Sure. 

 

I asked today, the agreement we signed doens't have a mention of temple construction. Builder has to do it under pressure from few residents. Builder made a normal size one but they extended it over underground water tank, without asking others. 

 

I was okay with everything but the loudspeaker is really affecting me. And there are many others especially  parents with younger kids, but nobody is coming out to speak on this.

Dr. J C Vashista (Advocate )     14 May 2024

Few residents cannot dominate over majority and over rule the decision of majority members.

Either you do not have guts to call a spade a spade to initiate legal action for removal of loudspeaker from Mandir as advised by experts;

or

you do not have any problem and posted this query as "time pass". 

 

P. Venu (Advocate)     14 May 2024

The posting suggests deeper issues. Please post complete facts.

rna (Professional )     15 May 2024

Sure sir, talked to the builder, they said they will take some action.


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