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Chandrika Kalluraya   28 August 2023

Nuisance by neighbours

I live in an apartment in Bangalore. The ones living right above me keep flooding my balcony with water. I can't even keep anything for sundrying in my own balcony, especially some food powders I make for my one year old grandchild.  This has been going on for several months. I've requested them personally and also written in the apartment WhatsApp group but they don't care and continue to do it. Please advice



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 10 Replies

T. Kalaiselvan, Advocate (Advocate)     29 August 2023

You give a complaint to the president/secretary of the apartment association in wirting instead of posting them in the whatsapp group.

This is an individual problem and not the problem  of the entire group members.

If the secretary is not taking any action or if the neighbor is not listening to the secretary's instructions, you can issue a legal notice to the eighbor directly and warn them of the legal consequences if they still continue to do so.

You can also add i your legal notice that If this type of harassment  faced by you from your neighbor continuously  then, you will file an application under Section 268 of IPC in the court of magistrate. and punished as per law.

 

 

Chandrika Kalluraya   29 August 2023

We wrote personally to the Association owner. But he said he was helpless as they don't listen. He advised us to talk to our landlord. I think some of the association members and the guys creating nuisance belong to the same caste and they don't want to antogonize each other. I live in 109 and the nuisance is created by people of 209. They also own 309 and converted it into a single house by constructing a staircase inside the house. Those who live below us, that is, people living in 109 say that they have been doing this for the past two years. Not just water they used to throw other waste materials too. They ignored 109  people's plea for two years. They are also tenants of the same landlord as we are. Even our landlord is of the same caste as those nuisance people and he is friendly with them. So I don't know how mucg he is going to help. 

LCI Thought Leader Adv Harsh Malhotra (Adv)     02 September 2023

If the situation escalates and you believe the flooding constitutes harassment or deliberate damage to your property, you could consider filing a police complaint. You may need to provide evidence of the damage caused and any previous attempts to resolve the issue amicably.

If all else fails, you might consider consulting a lawyer about the possibility of filing a civil case for compensation against your neighbors for damages caused. This could involve claims related to mischief (Section 425 of the IPC), nuisance (Section 268 of the IPC), property damage, and trespassing. You can also consider filing a complaint with the local Municipal Corporation which can direct the other party to cease and desist from causing damage to your property.

Before proceeding with a civil case, you could have a lawyer send a legal notice to your neighbors, outlining your grievances and seeking resolution. Sometimes, the threat of legal action might prompt them to take the matter more seriously.

You need to collect evidence in the form of photograph etc which will help you in the litigation

Connect to us for legal documentation if any is required, we would be happy to help.

1 Like

ABDUL RAZIQUE (Advocate)     11 September 2023

You may be send notice by your advocate to the society and your neighbor if the don't solve your problem than you may be file criminal case against them (neighbor and authority of society), there are 268 IPC and 133 crpc provision in law to punish them and provide a healthy environment to resident.

1 Like

Sudhir Kumar, Advocate (Advocate)     11 September 2023

fully agreed with views of Mr Razique.

 

for S/133 CrPC you have to give an application to the SMD seeking orders for abatement of nuisance.

 

You can meet an adocate with this proposal.

vivek tiwari   12 September 2023

Complaint to local police for nusiance 

Sudhir Kumar, Advocate (Advocate)     23 September 2023

It is unltimately the SDM who is empowered to pas ordeer for abatement of nuisance.

P. Venu (Advocate)     26 September 2023

"If all else fails, you might consider consulting a lawyer about the possibility of filing a civil case for compensation against your neighbors for damages caused. This could involve claims related to mischief (Section 425 of the IPC), nuisance (Section 268 of the IPC), property damage, and trespassing"

How could the offences under Indian Penal Code is relevant while filing a civil case!

Anyhow, the viable option is in serving a legal notice followed by the Complaint to the designated Executive Magistrate such as SDM.

Sudhir Kumar, Advocate (Advocate)     30 September 2023

compensation suit can be in addition after SDM passesorders of abatement of nuisance.

MPS RAMANI   01 October 2023

You get a lawyer to issue legal notice to the concerned person and the Secretary of the Association threatening legal action under IPC-268 and 425. It will instil fear in the person. If he still does not stop, actually file case and also claim damages.


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