Dear Sir,
I am a flat owner in a complex small housing complex near Kolkata, built in 2008. The promoter has stopped maintaining the complex since 2015 without formation of any association or society and presently the flat owners, by forming a small committee of few informally, have been raising the monthly maintenance for providing the felicities common to all.
A particular flat owner, every year conducts a personal function of religious nature on a particular day by erecting makeshift structure in the common area/passage and driveway, blocking free movement of residents and cars and also causing disturbances before, during and after his personal function. Huge loudspeakers with woofers are also installed making loud noises since morning to late in the evening. The function, being religious in nature, are attended by most of the people of the complex and a result that particular owner enjoys support of majority of the flat owners.
When objected, that flat owner does not listen to us and justifies his act on the ground that he has been doing so from last several years and he has endorsement of more than 51% of the flat owners.
My question is, whether, in the capacity of single flat owner, with or without support of few others, can approach the court for getting stay or injunction on conducting such personal function in the common area/passage/driveway on the justification that such function encroach on my right to common area/passage and that conduct of such function creates huge disturbances to my family's life. My daughter is a 10th standard student and during such function, it becomes difficult to study and stay in home due to loud noise by the loudspeakers.
Please advice.
