Unbearable nuisance from neighbor..
Himanshu
(Querist) 09 August 2011
This query is : Resolved
Sir I would like to ask you that is there any law in India to leave peacefully..
we have been harassed and tortured by our neighbors who stay above us..we stay on 2nd and they stay on 3rd..
They have installed a heavy wooden platform of apprx. 1 ft in height and covers the entire walking area of their bedroom..
These people dont sleep also before 3.00 a.m. and does some or the other activity on this platform during the day and night & this causes so much disturbance as if some dinosaur is walking on their floor..This causes heavy banging and vibrations..
We have requested them many times but they are just laughing off our requests..What shall we do..
please guide us we are in great trouble..whom shall we approach..I had called BMC people but they just took a bribe from them and left.. What recourse do we take now..? We are so much depressed due to our helplessness and we have to take this torture daily irrespective of day or night..Please help us if and how we should take legal action or the matter can be solved without that through some other way...Thanks
adv. rajeev ( rajoo )
(Expert) 09 August 2011
You approach the police officer to get solve this problem.
You can approach the court but I think this is not a wise move
Swathi S Bhat
(Expert) 09 August 2011
sir,
In your case, there is a chance of bribing the Police also. For your case remedies are available both under the civil and criminal. Each and everyone is having the right to lead a peaceful life. So go ahead.
AAK
(Expert) 09 August 2011
First issue them legal notice and call upon them to take all measures to stop the disturbance immediately and thereafter you can file suit to get relief and compensation.
ajay sethi
(Expert) 09 August 2011
) if you are staying in cooperative housing society write complaint to the secretary of the society .
2) if no action is taken by society send reminders
3) issue legal notice to your neighbour
K.S.Srinivas
(Expert) 09 August 2011
As suggested by swathi.
Thyagarajan
(Expert) 09 August 2011
If someone is deliberate to cause trouble to you,you can retaliate. In your case your upstairs man wants to live the way he likes and he is a nuisance for you. Right remedy is the way you tackle the problem should be a nuisance for him. The way is you can file a civil case that will go for years if not months
M/s. Y-not legal services
(Expert) 10 August 2011
Dear author, as per the expert's advices you have civil and criminal remedies.. Just appoint an advocate. My advise is without issue notice don't proceed your case.
M/s. Y-not legal services
(Expert) 10 August 2011
I have one out of court dealing for you. Totally how many floors in your flat? Totally 3 floors mean thats nice to deal. How ever they have to cross your floor for get in their floor. Is any lift facility? If steps only mean just put any hurdles on pathway in your floor. Or Just leave your dog always near by steps. Just make suffer them. If they will ask you to remove it at the time you may put your conditions.
M/s. Y-not legal services
(Expert) 10 August 2011
Nothing wrong to do this for them. Tit for tit. Suppose if they lodged complaint before police or court mean just face it. Your problem is compoundable at any time. Default from both side. So no problem.
M V Gupta
(Expert) 10 August 2011
Lodge a complaint with the secretary of ur Society. Bye law 50(a) may be seen. If ur neighbor does not stop causing nuisance the Society can even expel him from the membership of the Society and evict him from the flat.(bye law 51 (iv)
Nagesh Rudrakanthwar
(Expert) 10 August 2011
As per above expert advice send him a notice for public nuisance. Take this matter to your society secretary with a written compliant against him.
Himanshu
(Querist) 11 August 2011
Thanks everyone but I want to add few more things..
-This guy who stays on 3rd Floor is a very rich guy & his wife is very aggressive..
They are rascals..instead of taking sound buffering measures they are unnecessarily letting the issue getting dirty..
I sent him a link also about installing rubber mat below the platform which can take the impact and will buffer down sound somewhat..
but bastard is not ready to do tht too..for him money is not much an issue..but still..I told him that too tht i'll spend half the money..but some people are really rascals..
I have taken police action too but they have bcome more revengeful now and started harassing more purposely...You know it's really sad feeling to live in india coz of such helplessness..
Which law and which act will apply to such harassment and torture..? Can anyone please guide and which court and will this case will get a faster hearing or will be long term as usual in india....? sometimes i feel like killing these ppl..but wht can we do..Totally helpless..Please if someone can seriously help to get rid of this matter..
Himanshu
(Querist) 11 August 2011
I have even written a letter to secretary but they have a syndicate amongst themselves..coz my neighbor is a chairman..
Our building houses only 5 members..and out of which 3 are office bearers..
One is a film persona..Salim Suleiman(music director) u must hv heard of..
Suleiman is treasurer..It's a real mess..
We are the old members in the building..our buildin got redeveloped and this new ppl hv come in our building..
Himanshu
(Querist) 11 August 2011
Apart from that my parents are senior citizens and live with me..
Both are patients..Father has just come out of cancer and mother is a diabetic and BP patient..
Please help...
RAJU O.F.,
(Expert) 11 August 2011
Issue a legal notice and draw them into court by filing suit against them praying for permanent injunction from such nuisance.
shamsher
(Expert) 12 August 2011
causing nuisance is civil as well criminal crime but in your case as your parents are old and suffering from cancer and diabetics and bp therefore it is covered under criminal law more suitably,but as your case is serious hence u shud engage a lawyer and ask him to file a criminal complaint against the erring people.u shud also get recommendation from your doctor regarding the effect of this nuisance on your ill parents.
