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Satish Raju   07 July 2024

Noisy upstairs neighbor in an apartment

Hello everyone, My situation seems like another typical noisy neighbor problem with the apartment upstairs, but it has gone beyond what is reasonable. I bought a flat in Bengaluru in 2020. The upstairs neighbor, a woman with her daughter, moved in during 2021 and began renovation work without prior notice to anyone. Since 2021 was the peak of working from home, I raised my concerns directly with them and through the apartment association. However, the neighbor took offense to my complaint and retaliated by making loud noises throughout 2022, moving furniture around at midnight and 5:30 AM. My mother, who is in her mid-60s, and I have been suffering from sleep disturbances. I work for a US company and often have late-night calls. This situation has caused us significant mental distress. I shared recordings of the disturbances in the apartment WhatsApp group, but the noise continued until I raised my voice with the association. The problem persisted with loud bathroom door slamming from 7 AM to 1 AM, which sounds like someone setting off fireworks 20 meters away. The noise level is particularly unbearable early in the morning and late at night. Additionally, the daughter runs around and moves tables noisily every day from 3:30 to 8:30 PM. In 2023, I submitted written complaints to a couple of association members through security, but the association did not take any action. A month ago, I approached the association again with audio and video recordings of the disturbances. The association agreed to speak to the neighbor about the issue, but nothing has changed despite their intervention. It seems clear that the neighbor wants to cause inconvenience because I complained in 2021, and they may believe they have local political power. Is it time for me to approach an advocate to draft a police complaint for causing mental agony?


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 2 Replies

Dr. J C Vashista (Advocate )     07 July 2024

It is a case of "public nuisance" for which file a police complaint punishable u/s 268 R/W 288 IPC. you have also the option to file a civil suit U/S 91 CPC through a local prudent lawyer.

T. Kalaiselvan, Advocate (Advocate)     07 July 2024

You can resort to legal action by giving a criminal complaint for this nuisance and also approaching court after serving them a legal notice.

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