Playing cricket and football in the housing society premises
RKP
(Querist) 17 January 2010
This query is : Resolved
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 days 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
09821607529
Devajyoti Barman
(Expert) 17 January 2010
Apart form initiating action in a lighter note u/s 144 oF CrPC or civil suit for injunction, you can also lodge complaint before the Registrar of Cooperative Societies for any type of grievances against any member/s of the Society.
adv. rajeev ( rajoo )
(Expert) 18 January 2010
I think whatever action you take the children wont mind. You have to solve this problem with the help of other society members who is also suffering from the same problem.
Issue notice to the society to stop the nuisance and file a police complaint against the each children.
Even if you filed a suit for injunction and got a decree, it wont help you because it cannot executed.
Once you call the meeting of members of the society and say your greviences and convince them.
Arvind Singh Chauhan
(Expert) 18 January 2010
Sir some problems becomes the part of our life. The same is with you. Imagine the temple or mosque situated nearby the dwelling house, in which loud speaker is used regularly. I do not mean that problem can't be solved. First you should try to solve with the help of other society members as suggested by Rajeev Sir. If no solution is made out, file an application before SDM or DM. If govt also ignores, file a writ of mandamus in HC to direct the govt. to stop such nusaince.
N.K.Assumi
(Expert) 18 January 2010
Apart frpm Barman and Rajeev suggestion, Arvind suggestions is practical and a good steps to be adopted.
RKP
(Querist) 18 January 2010
Thanks Devajyoti, Rajeev, Arvind and N.K.Assumi for the kind 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?
RKP
(Querist) 20 January 2010
Please Guide.
