Harassment caused by neighbours
shuchita
(Querist) 04 March 2010
This query is : Resolved
Hello Sir,
I am a working mother of a 6 month old baby.Currently I am on extended leave from work.
My problem is that I live in a self owned flat at 6th floor and my neighbor on 7th floor who lives right above me runs a unregistered daycare centre in her owned flat. She gets 5-10 children who are a cause of constant nuisance as the whole day they will shout,run and mess with the furniture. This is causing lot of pain to me as neither me nor my child get peace throughout the day.
I have verbally asked her innumerable times to keep children and noise levels down but it doesn't make a difference to her.
Can I take some legal action against her?
It is a residential property wherein she is running a commercial unit of day care centre.
Please advise.
Thanks
Shuchita
R.R. KRISHNAA
(Expert) 04 March 2010
File a civil suit for injunction restraining your neighbour from running a daycare centre. But first issue a legal notice.
If your neighbour does not have a valid licence to run the day care centre make a complaint before the appropriate statutory authorities.
Also lodge a complaint before the flat owners association and raise this issue in the flat owners meeting.
Raj Kumar Makkad
(Expert) 04 March 2010
Definitely you can take legal action as suggested by Krishnaa but I suggest you to amicably settle the issue as she is you lifelong neighbour and it is not advisable to litigate on such petty matters with a neighbour. Such dispute can create various social, mental, economic problems for you for a long time so better try to make way out involving some other neighbours of your society.
Adinath@Avinash Patil
(Expert) 04 March 2010
RAJ AND KRISHNA ARE RIGHT YOU CAN FILE CIVIL SUIT FOR PERMSNANT INJUNCTION FOR RESTRAINING NEIGHBOUR FROM RUNNING DAY CARE.BUT YOU THINK ABOUT ADVISE GIVEN BY RAJ.
Kumar Thadhani
(Expert) 05 March 2010
Better not to intervene with your neighbour or put him into legal issues try to settle peacefully and amicably such matter.
