CHM 12 January 2022

Noise from upstair flat occupant

Hello,

I live in Mumbai in an apartment with my family. For almost 2 years we suffered from the noise nuisance created by upstair flat occupant. There would be loud thumping noise on the ceiling in late night hours which would keep us awake.

We spoke with the builder (as society is not yet formed) but he didn't take any action. Then we registered a complaint in police station. Even that didn't help as the upstair occupant filed a reverse complaint using SC/ST atrocities act stating that we are harassing him because of his caste. The most unfortunate thing was that we had to give a written apology (since police said otherwise they will have to proceed as per sc/St atrocities act which involves arrest without Bail).

As we couldn't bear this harassment anymore & no other choice left, we shifted to another apartment & put the earlier flat on rent.

Now the tenant is also facing the same noise nuisance within 2 days of moving into the property. I don't know how do I teach that upstair person a lesson as he is misusing sc/St atrocities act to threaten us.

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2 Replies

Anaita Vas 13 January 2022

You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

The kind of nuisance faced by you is mentioned in Section 268 of the Indian Penal Act.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

Regards,

Anaita Vas

P. Venu (Advocate) 13 January 2022

You can initiate civil as well as action. If the other resorts to complaint under SC/ST Act, it amounts to abuse of the process of law. Law provides remedies against such abuse.