Harrasment from the fellow society members

Originally posted by : Shams
	My family ( all senior persons)have been harrased by heavy stamping /Running/Jumping by a Family upstairs and also by childerns -age ranging from 3 to 13 years.....Many times they have been called and make them understand that a flat provided in a new bldg. by a builder is not a playground and they should understand feeling of people living on an immdiate lower floor.But the family does not want to listen anything...provide me a solution please.

Is your flat have society member(secretary)?

if yes then write application to secretary with received copy,then too if they don't stop go legally...

In the recent Judgement of Hon'ble Allahabad High court in civil misc. Writ c no. 1216 Of 2019 dt. 20.8.2019, the Hon'ble high court has given following guidelines to be followed by the state government :

i) The District Magistrate shall give adequate publicity in leading newspapers regarding this direction and Rules, 2000. He shall notify the name of the authority under the Rules, 2000 and his contact number. Detailed notice shall be put up in the offices of Divisional Commissioners, District Magistrates, District Court Premises, Police Stations, Municipal Corporation Offices, Development Authorities Offices and prominent places of the city.

(ii) A toll free number shall be provided to the citizens to make the complaints. If a loudspeaker, public address system, DJ, a Musical Instrument, a sound amplifier or any sound producing instrument is used beyond the permissible limit of sound, a person can make a complaint on telephone number 100 to police or toll free number provided by the authorities. The concerned Police of the area will immediately visit the spot and shall measure the noise level by the equipment (Noise meter application) supplied to it. If it is found that there is violation of Rules, 2000 it will stop the nuisance forthwith and shall inform the appropriate authority regarding complaint and action taken by it. The authority shall take action against offender in terms of Rule 7 of Rules, 2000. The name and identity of the complainant shall not be disclosed to the wrong doer or to any person. Under Rule 7 of Rules, 2000 an oral complaint can be made.

The facility shall also be made available to send the complaints by SMS, e-mail and WhatsApp. Anonymous complaint shall also be entertained. All the complaints received by the Police under Rule 7 of Rules, 2000 shall be maintained in a register and a copy thereof shall be forwarded to the competent authority. The action taken shall be recorded by the Police in the register.

(iii) Under the Rules, 2000, no permission for DJ shall be granted by the authority for the reason that noise generated by DJ is unpleasant and obnoxious level. Even if they are operated at the minimum level of the sound it is beyond permissible limits under the Schedule of the Rules, 2000. A DJ is made up of several amplifiers and joint sound emitted by them is more than thousand dB (A). They are serious threat to human health particularly children, senior citizens and patients admitted in the hospitals.

(iv) The team constituted by the District Magistrate shall make regular visit of their area particularly before commencement of any festival and apprise the organizers regarding compliance of the Rules, 2000 and the directions of Supreme Court and this Court.

(v) All places of the worship of all religion shall be bound by the provisions of the Rules, 2000 and directions issued by the Supreme Court and this Court. Any breach of the Rules, 2000 shall be treated to be violation of fundamental right of a citizen.

(vi) The District Magistrate/ Senior Superintendent of Police shall convene a meeting before commencement of festivals like Dussehera/ Durga Puja, Holi, Shab-e-barat, Muharram, Easter and Christmas festival with organizers and representatives of civil society, to impress upon them to observe the law strictly and in the event of failure the legal consequences that may follow.

(vii) Whoever fails to comply with or contravenes any of the provisions of Noise Pollution Rules shall be liable for a penalty in terms of section 15 of the Environment (Protection) Act, 1986. Non-compliance of the rules attracts the imprisonment for a term which may extend to five years and fine which may extend to Rs.1,00,000/-.

It is the duty of the authorities of the State to ensure that the offences under Section 15 of the Environment Protection Act are duly registered.

(viii) The State Government is directed to categorize the areas in all the cities of State into industrial, commercial, residential or silence areas/zones for the purpose of implementation of the noise standard in terms of Rule 3 (2) of Rules, 2000. A fresh exercise be conducted in the light of definition provided under Rule 2 (e) and (f) of Rules, 2000. We find that in Prayagraj the zones have been made in breach of the above mentioned Rules.

(ix) The competent authority under the Rules, 2000 and the SHO /Inspector of concerned Police Station are charged personally with the duty of ensuring compliance of the order of the Supreme Court, extracted above, the Rules, 2000 and this order, failing which they shall be answerable to this Court in contempt jurisdiction. We grant liberty to any aggrieved person to approach this court for appropriate order for compliance of the above order/directions.

A copy of this order be sent to the Chief Secretary, Government of Uttar Pradesh, Lucknow to issue necessary directions to the appropriate authorities accordingly. The compliance report shall be sent to the Registrar General of this Court, who shall place it on the record of this case.”

The aforesaid judgment has been relied upon the Hon'ble supreme court's judgement In Noise Pollution (V), In Re, 2005 (5) SCC 733. A detailed guidelines has already given to the all state authorities to strictly adhere to the relevant rules of the Noise Pollution (Regulation and Control) Rules, 2000 (the said Rules).

Unfortunately, despite repeated guidelines and standing instructions of Various Judicial authorities, Police authorities are not taking strict and prompt action against the culprit.

Without public awareness and mass sensitivity to deal with the issues related to noise pollution, no one can actually come forward to lodge a complaint. Hopefully this above judgment will compel the authorities to take appropriate measures.

Thx. for a quick reply in the matter.I have already wrote three letters to the society from 2017 to 2018, but No action has been taken agnst them. I also complained to the bldg. security time to time, but the inhabitant went with full family down to the security office and  scolded them and warned that if in future they call them on intercom,the agency will face dire consequesnces.

The noise from the ceiling of my flat comes whenever the childerns age ranging from 3 to 13 years(total 3) make their living room into a playground and heavy Thuds/ Stamping on thier floor resulting into vibrations to my celing is felt. We all seniors in the family 1) 95 years 2) 68 years 3) 65 years feels helpless as uptill 11.00 pm this goes on everyday at any point of time between 1.30pm to 11.00pm on weekdays and from 8.00 am to 11.00 pm on weekends....provide me a concrete solution to this-A Request.

Originally posted by : Shams
	Thx. for a quick reply in the matter.I have already wrote three letters to the society from 2017 to 2018, but No action has been taken agnst them. I also complained to the bldg. security time to time, but the inhabitant went with full family down to the security office and  scolded them and warned that if in future they call them on intercom,the agency will face dire consequesnces. The noise from the ceiling of my flat comes whenever the childerns age ranging from 3 to 13 years(total 3) make their living room into a playground and heavy Thuds/ Stamping on thier floor resulting into vibrations to my celing is felt. We all seniors in the family 1) 95 years 2) 68 years 3) 65 years feels helpless as uptill 11.00 pm this goes on everyday at any point of time between 1.30pm to 11.00pm on weekdays and from 8.00 am to 11.00 pm on weekends....provide me a concrete solution to this-A Request.

In simple word just lodge a report to police....then police will follow above cited acts and rules

Specially you are senior citizen,you can call 100 when they made noice and disturb you(*but advice police to come without uniform and sit in your flat and see/listen the noise) he will then do his job.

In which city you live (*don't mention exact details like building or society name-just give broad view) i will try to find police number of local area where you live.

 Thx. In reply I have to mention that On 08/08/2019 at ard.8.30 pm The fellow upstairs have scolded me on Intercom with dire consequences involving me in false cases etc.etc. as both the brothers are doing chinese goods business and having contact with numerous police officers.I did not lodge an immdiate complaint cause I was having my flight to London to meet my immediate family members very next day. On 29/10/2019 at ard.6.05pm (festival day) as soon as I complained on Intercom,the reply again was the same that he will make me involved with false cases of misbehaving with family members !! I contacted  the police station of our area jusridiction , but they got my N.C.and replied me that your complaint is lodged as "the person has replied you in anger to face dire concequences" 

I am a law abiding citizen,with me and my wife name is respectfully taken in all activities in our bldg.,and Commitee even comlained thrice is also doing nothing.The fellow upstairs once suggested me to expend from my pocket atleast 5 lacs to revamp his flooring with sound proof solution so that i do not get noise!!!!

Due to this tension every evening when i go to my house after work ,my blood pressure now getting un even countage+  I am becoming " corner guy" not even watching TV during prime hours and fix myself into my bedroom as in living room this Thuds/ Stamping noise starts any time as both the brothers lock themselves into respective room watching TV and All childerns play in living room area making so much noise.

I do not understand how to find an amicable solution to this which is harrasing me since last 3 years.-Thanking you once again.