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RKP (self)     17 January 2010

Playing cricket and football in the housing society premises

Sir,
Myself and my parents live on the second floor of a 1BHK flat at Mumbai suburb. We own the flat and are a member of the Cooperative Housing Society. Below the building we have some open space around the stilt. The problem is that lots of grown up school going children in the society play cricket just below our flat very close to our windows.
This is such a nuisance that they make loud noise and many times there were instances of cricket balls being thrown into our flat, fortunately the window glasses have so far not broken, but there is every chance of the same. 
Earlier in the past also such things have happened which led to quarrel. Last time some ~2 years back we had to file a police complaint due to this nuisance and the police had given the orders to completely stop the nuisances and the outdoor games in society premises.
Till some dyas the orders were followed but the problem again started and we had to warn the society of filing a police complaint after which it stopped.
Now again since some months the problem has started. When we objected, some members of the society whose childrens play outdoor games are telling "Go and file a complaint to anybody. We will play cricket and other game here only in the society".
We have talked to the Secretary and the Managing Committee of the housing society and even submitted a complaint in writing. However as per our previous experience they don’t take proper action permanently as their children are also involved in this.
 
As member and licensee of these building we have right for peace and tranquility and this cannot be taken away by these boys who are not only creating a lot of noise but also indulge in hooliganism when asked not to play and disturb the peace in the society.
 
It would be a kind help if you can advise and guide me as to what course of action I should pursue to stop this nuisance permanently.
 
 
Regards,
 
Rupesh KP
 


 15 Replies

K.K.Malhotra (Chairman)     18 January 2010

u can initiate civil proceedings by filing a suit for injunction against the sociiety  and residents wh are causing nuisance to get the samre stoped..

1 Like

RKP (self)     18 January 2010

Thanks KK for the suggestion. We have tried all possible solutions like: 1) Requesting the children’s and their parents. 2) After failing the first method we requested the chairman and secretary of the society. 3) After failing the previous method we issued a notice to stop the nuisance or face legal action. Earlier some 3 years back we had filed a police complaint( against the parents as they are the ones who are not stopping their children’s from creating this nuisance ) and the police had asked the chairman and secretary to stop all cricket, football etc in the society which was followed for some time. But it again started and we had to issue notices repeatedly to stop the cricket. Previously on giving warnings of legal action the cricket used to stop but this time they are of no fear and shot back at us "Go and file a police complaint but we will not stop this". So now we are just preparing to file a police complaint. Any hint as to what( if any ) charges( for EFFECTIVE filing of a police complaint ) we can apply on them( children’s or their parents ) for creating this nuisance?

(Guest)

Hi,

You should file a complaint on grounds of "Nuisance" in a local police station and they will come and give them a warning.  If the children are causing nuisance, and if the parents support them, they are also held liable for the nuisance.

Cheers,

RKP (self)     08 February 2010

Thanks KK Malhotra and Venkatesh for the suggestions.

 

Balkrishna Chavan (attorney)     11 February 2010

 

Following is an example of one such opinion relating the matter:
Please refer your letter xxxxx signed by a section of august members of our Society. It is needless to repeat the contents.
The subject matter that the letter deals is distressing far down in the mind of all individual members.
For the sake of clarity, The Managing committee of the Society is of the opinion that when all of us had come together to form the Cooperative Society we have accepted the fact that that we were building up a community life within the housing co-operative, based on good neighborhood and fellow feelings wherein each is for all and all are for each. The relationship thus established created a bond between members, which inspired them to undertake further activities and social life on a shared basis. This is also in accordance with the Directive Principles of the State Policy enshrined in our Constitution which inter-alia provides for securing a social order for the promotion of welfare of the people.
Welfare of the members also includes the all-round development of their children. All of us are familiar with this; neither is it the purpose of the Managing Committee to impart ‘gyan’. The Managing Committee only wish to include all of you in loud thinking that the provision for an exclusive Children’s Park or Play ground is the only solution to the concerns raised. To that end we all are aware that the Society has limited financial resources to effectively handle the issue by providing a Children’s Park or play ground. So, any attempt like the present one that shunts the problem to the Managing Committee will only mean rest of you want to keep the issue unanswered and run away from it’s rewards.  
It is not appropriate for the Managing Committee to say that the children should be constrained and deprived from playing.  Managing Committee therefore believe that this subject matter must be thrown in realm of the all individual members for their assessment and apt solution.
You may kindly peruse and ponder, During the thought process many complex issues will surface that may include act of negligence, nuisance etc. determination of remedies and liabilities, payment of adequate damages and so on. We are also witness to an era where we have been settling these issues amicably.
Strictly speaking, there is no vicarious liability on the part of parents, guardians or any supervising adult unless they owed to the child direct duty of care or gave the child the opportunity to cause damage. This is because minors are typically held by law to a different standard of care than adults. For example, a minor's negligence may be evaluated against what reasonably careful person of the same age, mental capacity and experience would exercise under the same or similar circumstances.
Very young minors e.g. minors under the age of seven are typically presumed to be incapable of negligence.
Nevertheless, we will imbibe within ourselves a notion of responsibility, authority and control controlling our children in order to prevent harm to third parties.
May be, we need to discuss and arrive on a typical formula for evaluating negligence on the part of both the parties: Children as well as the members to prove that there was e evidence to show the act of negligence:
1.    Children playing game and their parents owed a duty to the other members.
2.    The child has violated that duty;
3.    As a result of the child’s  violation of that duty, the member has suffered injury; and
4.    The injury was a reasonably foreseeable consequence of the child’s action or inaction.
On the part of the members, for example, a person driving a car has a general duty to conduct the car in a safe and responsible manner understanding the need of children’s recreation with in a specific time.
This will require some moral suasion rather than simply forming two groups: 1. Parents whose children have passed the stage of needing the ground to play and, 2. Parents whose children are in play-group. We will then talk about framing of rules of strict liability under negligence and comity of nuisance, e.g. Principles, such as the “polluter pays”. We will also discuss measure for restitution of property. We will work on: whenever an exigency arises, a precedent shall be set up to take care of the peculiar situation. This, we believe, is a good solution to cope up with.
The essence is that we need to be sensitive to children’s recreation with open mind and must bring about desired solution irrespective of whether or not the rules were framed in the past prohibiting the children from playing some specific or other games in the Society. You may circulate this letter amongst co-opt  to your letter.
Regards
Hon. Secretary

Suri.Sravan Kumar (senior)     27 February 2010

cricket and football are not indoor games. the nuisance problem effects every resident of ur flat. It is the duty of parent to control their children. pl gather atleast 10 members who r effected like you and submit representation to the society to stop the nuisance(i think ur society bylaws does not permit such type of games). if the society fails to take any action u can file injunction suit against the socity and the persons in the civil court.

1 Like

Anil Agrawal (Retired)     01 March 2010

The Managing Committee suggests to the meeting of the general body the games to be allowed to be played in the compound of the society. It is for the General Body, considering all the factors, to decide the kinds of games that should be allowed to be played. The decision cannot be detrimental to the general interests of the members. If it does, complain to the Dy. Registrar of your Ward.

1 Like

vivian (Boss)     02 April 2011

What are the laws about playing cricket on the public roads? My car was recently damaged due to this nuisance (more details here -https://www.lawyersclubindia.com/forum/Car-damages-due-to-cricket-ball-34565.asp).

When I confronted these men who were playing cricket they simply told me that it has happened and I should leave it alone. What can I do about this situation?

Aditya   04 May 2016

Hey RKP, did you got any solution? I am facing similar problem

Neha Gore   20 July 2016

can anybody provide me format of suit for banning childrens of the society from playing cricket in the society ?

RKP (self)     20 July 2016

We had again given a notice and it had settled that time.
 

Sridevi V   20 September 2016

Hi,

Bangalore doesnt have the concept of co-op housing society. So how does one go about this issue here in Bangalore? We have had a series of accidents due to the football menace and the parents of the kids are defending the kids saying they dont have anywhere else to play and that they are stressed. They football is played near the swimming pool area which is next to the club house. These parents even go to the extent of advising others to be careful and avoid the usage of club house or nearby area when football is played.

Please let me know what legal options we have as the adults themselves are indifferent to the grave danger that the residents are unnecessarily subjected to, leave aside the risk of damage to the property.

Regards,

Sridevi

RKP (self)     20 September 2016

Like all other cities even Bangalore does have concept of housing society and apartment association. However those laws are not as strong and not as evolved as in Mumbai.

 

Main thing here in bangalore is the clauses mentioned in sale deed.

It should be mentioned in your sale deed something like not to play outdoor games inside apartment premises at undesignated places, to not cause any inconvenience to neighbours etc.

This is your strong point to complaint at police and also at registrar office.
Those trouble mongers have signed on the sale deed and so they have to abide by it and they cannot breach it.

Those trouble mongers will try to remove those points in society byelaws to suit them. But such removals is illegal.

Note that one police complaint will straighten such trouble mongers who buy a flat but behave as if they have bought entire apartment.

Try it.

 

Sridevi V   21 September 2016

Thank you RKP. I hope the issue is resolved without going to this extreme step. But it is always better to know what options we have in case the problem goes out of hand. Also better to make everyone aware of such a provision in law, in case someone, who is badly injured due to these sports, decides to go the legal route.


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