Troubling neighbor with his air conditioner's heat & noise
Srinivas
(Querist) 06 May 2014
This query is : Resolved
One of my neighbors (the one below my apartment) who fixed the Split AC Unit right under my bed room window and next to my balcony(little below) and causing sleepless nights for us with it’s heat and unbearable noise. I work in a shift system from Afternoon to late night. I get back to home by 11 PM in the night and unable to sleep because of the Noise and Heat from the said AC Motor. It is like a torture not to have a proper sleep. I don’t have a peace of mind and my daily routine is getting affected. While I am away it is used my daughter as study room. Though I can afford, I have not fixed any air conditioners as I am a environment conscious citizen supported by my wife and a 12 year old daughter.
When I explained all my difficulties and requested the neighbor to fix it below his window, he insists that he fixed it on his sunshade (but right under my bedroom window and very close to my Bed). They are adament and challenged me to do what I could.
They fixed one Air Conditioner few years ago in another Bed Room which was right under Bed Room, we never objected it nor we have any issues relating to that. As it was fixed to/in their window.
Please advise me how i can porceed on this.
ROHIT SHARMA
(Expert) 06 May 2014
1. File a written complaint at the police station against him for his act of commission of having given a cause of action for intentional insult with intent to provoke breach of peace by installing such A.c. out door unit right under your bedroom window and upon requesting him to change its location he has insulted you in order to provoke breach of peace and such act being punishable u/s 504 of I.P.C.
Sankaranarayanan
(Expert) 06 May 2014
Yes better to file a complaint at the police station
Devajyoti Barman
(Expert) 06 May 2014
The more easier method is to file case u/s 133 crpc. It is expeditious and cost effective.
In your current situation section 504 IPC has no applicability.
Rajendra K Goyal
(Expert) 06 May 2014
If amicable solution is not possible proceed as advised by the expert Barman ji.
Srinivas
(Querist) 06 May 2014
Please excuse my ignorance.
Does this Sec apply only to public property or to individual and private properties as well?
Srinivas
(Querist) 06 May 2014
Deva Ji, 133 crpc
Srinivas
(Querist) 07 May 2014
Dear Deva Ji and the other respected advocates - Thanks for your quick responses and the guidance. Based on the above advices - I approached the police. The police came for inquiry immediately. My neighbor was insisting that he fixed it on his sunshade, this were apartments and others need to adjust and he was not willing to remove. Also he told the police that he knew a DIG and he spoke to him. The police went back by saying you solve amicably among yourselves.
The nighbor started using abusive language and unparliamentary words questioning me how dare i could call police. I just controlled myself. I too have influence but i don;t want to use for this kind of silly things and after all this, I donot want to leave them. I want to take them to the task legally. Can I invoke 504 or 499 IPC along with 133 CRPC simultaneously for using the abusive language and un parliamentary words. Or are there any other provisions where by i can claim damages apart from getting the unit removed. Please advise.
P. Venu
(Expert) 07 May 2014
If your problem is genuine and no amicable solution is possible, you can move the executive magistrate under Section 133 of the Cr.PC. You can also move a civil action and also file a criminal complaint in the Magistrate's Court.
V R SHROFF
(Expert) 07 May 2014
use tit for tat.
when u come home, at midnight,
amplify the noise ten times.. till he chg ac. Let him listen his own noise. STOP IT, AND NOISE AUTOMATICALLY STOPS. TELL HIM TO LISTEN TO HIS OWN MUSIC..
Same Police, same nuisance .Same Laws apply. u can't sleep, so RECORDING & PLAYING HIS NOISE, AS EVIDENCE TO PROVE IN COURT.. . . same Society.
"Satyagrah""
"IN ANY CASE The police went back by saying you solve amicably among yourselves.""SO U R TRYING TO SOLVE AMICABLY. gIVE & tAKE..
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
I think the advise rendered by expert Mr. Shroff seems to be most acceptable. Ofcourse the solution lies in tit for tat action, you cannot be too good for taking things always lying low. Get into action if you really look for a remedy.
Satya nand aggarwal
(Expert) 24 May 2014
The remedy is to file a complaint under section 133 Crpc before SDM. It is expeditious good ,reliable method.
