cpc

nuisance from neighbour


I live in Bangalore in a decent sized apartment with around 100 flats . My neighbours who live above me are a real nuisance. They slam the doors, drop heavy objects with loud thuds, drag furniture , and do all sorts of noisy nuisance at late night, say it starts around 10-11 at night and sometimes continues till 12-1 am. we adn our kids are not able to have a peaceful sleep. We have requested them to stop all this, it did not work out. Then , we requested our local association. They called them first and told them not to do such things. It has not improved. Now, when we complained the association again, they say it is between the resident and we need to solve them ourselves. 

Offlate, in addition to the above said nuisance, they have started using the tread mill above my master bedroom, which is real nonsense. It creates loud thumps at 4-5 am in the morning throughout our flat, and driving me crazy. We are losing our sleep almost everyday.  Our kids are not able to sleep bcoz of the sounds they make at odd hours. We filed a complaint with BBMP - Health dept.  The officials came , inspected and told them to take necessary measure, however no written notice was issued.  Now that these people are again into that nuisance. They argue, speak back and talk all nonsense when we tell not to do so... Also, association ppl dont want to get involved into this. They reply back saying that it is our head ache and we need to resolve it however we wish to. The association ppl are also yelling at us when we say about this complaint and just washing their hands off... 

Firstly, I would like to make the association realise that they have some responsibilities towards the residents, like some rules of not keeping treadmill etc at home... they cannot just walk away without giving an ear to our distress

Secondly, we wish these nuisance neighbours to learn to behave properly and incorporate "live and let live" policy and let us live peacefully.

We are really in a dilemma and stress as it is our own apt.. and we cannot move out .... Also, our neighbours are the owners and will not move out.  Please , please guide me how to proceed..? Those people are very rigid, adamant and arrogant.

We want to resolve it without getting into any major troubles like, threats etc...

 

thanks in advance

 
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Proprietor

 

Without threats,...etc trouble of some or the other sort, you just CANNOT deal with this issue.-----

 

You have to summon BASIC COURAGE to say " NO DISTURBANCE ".-----


Between 10 A.M. to 6 P.M. as per the Hon'ble Supreme Court Directive, it is NIGHT and you are fully


entitled to object to any disturbance during that time-period.------

 

Now, here are the steps. Follow these one after the other. The trouble will stop. Follow these in the

 

same order as given below.-----

 

1) EVIDENCE : If you say you are being disturbed, without evidence people will not believe you.

 

They would say you have made the noise  by yourself and recorded that and are producing that as

 

evidence.----

 

So, you can walk up to them, with your wife with a digi-cam behind you and recording your conversation

with them.------

But that needs REAL GUTS and based on your post, I feel you basically are not the person to tackle

 

conflict HEAD-ON.-----------------

 

2) So, put down everything in writing. Yes, the association is right.

They are there only for MAINTENANCE. They are care-takers in a different form. --------

 

So, write a letter to the neighbour, requesting him to stop disturbing you between 10 P.M. to 6 A.M.


Send the letter by RPAD ( Registered Post Acknowledgement Due ).------

 

3) The neighbour will get a signal that you are slowly getting legal. But his negative ego will not permit

 

him to stop.-------

 

So, either he will reply with a similar letter, denying all of your allegations ---------

 

or

 

For Psychological Effect, get an advocate to reply to your letter, so that you get scared seeing an

 

advocate's letter. Do not even reply to such letters.-----------


Remain Calm. This is a Mind-Game.----------

 

It is also possible that he might stop.-----------

 

4) If the same problem continues, repeat the letter exercise till you do so for FIVE TIMES.------------

 

5) Fifth time, send a letter informing him that YOU intend bringing your SENIOR CITIZEN parents to

 

stay with you and thereby REQUEST him to STOP THE DISTURBANCE.-------

 

6) If the disturbance continues, Next, with copies of all such earlier communications, file a complaint


at the Jurisdictional Police Station.-----------------

 

Subject of the complaint  : 

 

a) NIGHT TIME BREACH OF PEACE, VERBAL ABUSE, VIOLATION OF DIRECTIVE OF HON'ble HIGH

 

COURT OF KARNATAKA AND HON'ble SUPREME COURT OF INDIA AND G.O. ( Government Order )

 

b) Noise Level during Night Time ( 10 P.M. to 6 A.M. )

 

c) Criminal Intimidation / Threat by Neighbour

 

You would be given a NCR ( Non-Cognizable Report ) acknowledgement by the police. ------------


VISIT THE POLICE STATION DURING THE NOON..... INSPECTOR TOO WOULD BE THERE.----

 

FIND OUT WHO IS THE POLICE OFFICER ON DUTY ( ASI --- Asst.Sub.Inspector ) that week.-----


That ASI would come during ROLL-CALL time ( around 7:30 P.M. ) when the DUTY is assigned to


every police official. -----


The ASI would begin his shift by 8 P.M. and stay on till the next day morning 9 A.M.--------------


So you plan your timing of complaint and re-visit for follow-up accordingly.----


Inspector would usually be available at 10:30 in the Morning ----


So plan your visit accordingly -----

 

______________________________________________________________________________

 

Same day, Meet the Police Inspector and inform him of this nuisance.-----------

 

The jurisdictional police would send a police official to look into the same. ----------

 

If your neighbour acts smart, the police would come with a digi-cam and record the

 

entire conversation.---------

 

ONE USUAL TACTIC that your neighbour would adopt is to say---------

 

" NO BODY ELSE HAS COMPLAINED. HE IS THE ONLY ONE WHO IS COMPLAINING "

 

You must be ready with a reply---------

 

" THAT IS BECAUSE MY HOUSE IS RIGHT BELOW YOUR HOUSE.-------

 

ALSO, WHETHER OTHERS COMPLAIN OR NOT, IT IS THEIR CHOICE.--------

 

I AM COMPLAINING AS A PRIVATE INDIVIDUAL. "---------

 

In case, the nuisance still continues,-----------


Take a Photo Copy of this NCR issued by the Police and attach it along with the complaint that you-----


should file for the second time. MARK A COPY EVEN TO THE DCP -----


SEND AN E-MAIL TO THE ADDL.CP AND FOLLOW UP THE NEXT DAY WITH THE COMPUTER WING


AT THE ADDL.CP's OFFICE ---- THEY WOULD FORWARD IT TO THE DCP AND THE DCP WOULD


FORWARD IT TO THE INSPECTOR.------


SURE ACTION WILL FOLLOW.---------


YOUR COMPLAINT HAS TO BE ADDRESSED AND YOU HAVE TO BE INFORMED BY THE

 

JURISDICTIONAL POLICE OF THE ACTION THEY HAVE TAKEN AND AN ENDORSEMENT


HAS TO BE GIVEN TO YOU.---------

 

IF IT IS A NCR  that they give you, the LIFE of an NCR is 21 days.---- Within 21 days, they have to

resolve the issue and inform you ----

IF IT IS BOOKED AS A PETITION ( L.P.), the life of a petition is 45 days and is covered by the SAKALA

service....

You should receive an sms about the registration of the Petition and the closure of the petition....


If it is closed without action taken, google E-JANASPANDANAA and register online and file the

 

grievance online at e-janaspandanaa.-----


within one month, the police has to take action and keep you informed -----

 

when it is dealt with so technically by you, the police will quickly swing into action against your

neighbour. ---


But if you are scared and unnecessarily emotional,

 

even the apartment dog will try to bark at you

 

and tease you ----

 

This time, your neighbour gets into trouble. Since the GAME begins NOW.----------------

 

This gets classified as a REPEAT OFFENCE and IPC sections come into picture.--------------

 

He can be sent to court and if he repeats it again, he can be booked under much more serious laws.----

 

But if you get emotional, scared,..etc then you better live with the problem.-------

 

But if you want to live your life with Peace and believe that you are entitled to live with peace, --------


go ahead and pull the teeth out of the snake. Or else, it will keep biting.

 

THE HIGH COURT OF KARNATAKA HAS EVEN listed the NOISE LEVEL that is permitted for


construction, slab-fixing,...etc IN DETAIL.-------


So, if you are not availing of the existing laws, it shows that you are weak and choose to remain weak.

 

Get Up. Button up your Shirt and

 

SWITCH ON THE ALARM OF THE LEGAL SYSTEM OF THE LAND -------------


LET IT BLOW RIGHT INTO HIS EARS.-----------------

 

" Strength is Life...Weakness is Death "  ----- Swami Vivekananda


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Proprietor

 

____________________________________________________________________________

 

Justices B S Chauhan and Swatanter Kumar

 

Right to sleep a fundamental right, says Supreme Court

 

http://timesofindia.indiatimes.com/india/Right-to-sleep-a-fundamental-right-says-Supreme-Court/articleshow/12025358.cms

 

____________________________________________________________________________

 

http://judis.nic.in/supremecourt/imgs1.aspx?filename=17134

 

____________________________________________________________________________

 

http://www.legalserviceindia.com/articles/noip.htm

 

____________________________________________________________________________

 

 

http://www.awaaz.org/Awaaz_Foundation/Noise_advocacy/Entries/2013/8/5_The_Anti_-_Noise_pollution_campaign_in_India_by_Faiz_Abdulali.html

 

____________________________________________________________________________

 

http://indiankanoon.org/doc/1709298/

 

Those who make noise often take shelter behind Article 19(1)A pleading freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life guaranteed by Article 21. Article 19(1)A cannot be pressed into service for defeating the fundamental right guaranteed by Article 21.


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sir,
what is the difference between a CSR and petition at the police station? i only know of CSR and a FIR...........

also what is  E-JANASPANDANAA- is it specific to the state of karnataka..

i face a similar problem in tamilnadu..what do we have in tamilnadu  that is equivalent to  E-JANASPANDANAA when the complaint is closed without action by the police..

 
Reply   
 

Thanks a lot  friends for all your responses... I am in fact very happy that people have responded well to this kinda situation... 

I have one more query to ask.... As I said, my neighbour upstairs, uses some sort of exercising machine( as told by his maid servant to me) in their master bedroom/ balcony, which is right above mine. Because of this, I get very loud thumping noises throughout my flat... It is really irritating for about 1-1.5 hours everyday.  The time of this activity varies at different times of the day. Mr. Iyer, you have shed light on specific 10 pm - 6 am. If this activity occurs at some other time other than this, say around 10 am or 1 pm in the afternoon, how do I go about to solve this ? If we call them and tell to stop noises, they dont heed. THey say ok ok, and continue till their target time is done... Kids are not able to study during these hours. We are not able to peacefully carry on with our work as the noises with shoes on, on our heads are really irritating.  Those ppl are least bothered about others troubles or how they are affecting others horribly.  Should I check the by-laws of my local apartment of how rules are laid regarding possessing an exercising equipment inside the flats in my complex ? how do I find out for sure if the noise is due to exercising equipment or some other nonsense in their home ? I can very well make out that it is a rhythmic noise , similar to that created from a heavy sport shoes. Also, told by his maid that there is some equipment in their balcony above mine.  How do I proceed further.? I want to take action on my apartment association also bcz they verified that some noise is coming in my house and after that, least bothered to even find out from my neighbour nor ask about it nor tell them not to use it.... Pls advise

 

Thanks in advance

 
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Proprietor

@ carterclemency ---------

 

what you call CSR ( Community Service Register  ) is the simple NCR ( Non Cognizable Report ) here in bangalore.--------------

But the bangalore definition is more legal. ----------------

offences are either cognizable or non-cognizable.--------------

for non-cognizable offences, FIR is NOT COMPULSORY. The NCR is issued after the preliminary report of the incident itself, with just a complaint and investigation might or might not have been done.--------

if required the same NCR can later be converted to FIR within the time period as per the police manual.-----------------

for cognizable offence, usually FIR is immediately registered and then only after that the investigation should happen. but Procedural Law is different in practical application and hence the FIR is at the discretion of the I.O. ( Investigation Officer ).--------------------

_____________________________________________________________________________

similar to e-janaspandana of bangalore ( this covers all government departments ), in tamilnadu, specific to  the police, you have this :--------------

 

http://eservices.tnpolice.gov.in/CCTNSNICSDC/CitizenServices

 

 


Total likes : 1 times

 
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Proprietor

@ victim here

________________

Mr. Iyer, you have shed light on specific 10 pm - 6 am. If this activity occurs at some other time other than this, say around 10 am or 1 pm in the afternoon, how do I go about to solve this ?--------------------------------

________________    DAY TIME YOU HAVE NO CONTROL ---- BUT YES, TECHNICALLY YOU HAVE

THE NOISE CONTROL BOARD----- 

  • The Noise Pollution (Regulation & Control) Rules, 2000.------------------------------__________________________________________________________________________
  • Head Office

    Address:


    Karnataka State Pollution Control Board 
    "Parisara Bhavan", #49,4th & 5th Floor, 
    Church Street, Bangalore-560001 

    Ph No: 080-25581383 / 25589112 / 25589113 / 25586520

    Fax: 25586321 
    E-mail: 
    Chairman: chairman@kspcb.gov.in 
    Member Secretary: memsecy@kspcb.gov.in 
    General: ho@kspcb.gov.in


     

 

 

 

 

 

 

 

 

 

____________________________

_____________________________________________________________________________

 

but since it is within the residence, you can do two things.--------

1) police complaint ---------------

and----------------

2) court order   --- Meet an advocate who is on the panel of BBMP or BDA ....These advocates are             well-versed with bye-laws and notices for violations...---------------

Bye-laws can be drafted, approved, implemented and even changed at will....but a bye-law drafted in such a way that it violates the fundamental provision of the law and the constitution, such a bye-law shall be deemed INVALID and should be REPEALED during an emergency meeting at short notice, called for the purpose of repealing it.----------------------------

 

practically it is advisable to have the association on your side....so do not initiate action against them....by hurting the daughter of the president of america, you will only end up being hurt by society.....

better to be a friend of the president's daughter.-----------

similarly, befriend the association and do not initiate action against them --- the association is the nerve-centre of the entire apartment ---- by making them your enemy, you are distancing yourself from the entire apartment ----------- fight battles in civic society, with more of brains and less of swords -----------

Noise is Noise ------ why are you bothered whether it is due to the tread-mill or even a flour-mill within his house ?

Noise within a certain limit cannot be penalized --- check that as well ----

My earlier reply to you lists the steps in detail --- should be sufficient to address your issue ---------

 
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Advocate

Mr. Iyer has given an elaborate explanation to all the situations of the query including quoting the relevant case laws, sources to that and meanings of different terms and authorities to contact on further query too. In fact this is a great information even to lawyer like me who don't have time to go very deep into all domestic but grave issues. Appreciable efforts.
 
Reply   
 
Proprietor

Thanks Mr.KalaiSelvan.----

In fact, i am just doing my bit to society.....

My mind is almost always thinking of bigger issues -----

In china, robots are being used as hotel waiters --- they have started this

Our neighbours china, pakistan, ...etc are jealous of us and are  constantly attempting to disturb us.....

Here, instead of strengthening our family and society, we are all fighting among ourselves ----

One man wants to kick his wife out....another woman wants to pull her husband to street....one employer wants to snatch the legal rights of his employee.... another wants to permanently erase the career of his employee....

Yes, human society will definitely have conflicts..... but it is becoming dangerously foolish with every passing day ----- where strength is required, there they are weak....where soft approach is required, there they are rough and crude -----

The foreigner is watching our society collapse and is strategizing against us -----

So, slowly for the future generation, what we are doing is that we are creating a society that is the result of invasion by foreigners ----- we are giving the future generation, a confused society ----

One thousand years ago, during the King Raja Raja Chola's time, India was a major hub for both commercial and spiritual ventures -----

Today, we are similarly very prosperous, but within society we are all fighting among ourselves, worse than dogs ----

so, the only way out of this confusion within society is to help each other with whatever we know -----

 
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