• Neighbor noises at the upper floor of the apartment

Hello,
I am not aware of any existing laws or code of conduct which can help the situation I have been experiencing for some time now (for more than a year). It would be great if you could provide your valuable advice on how I can proceed and take legal actions against my neighbor.

I am residing on 2nd floor of an apartment building. I live with my elderly parents and have 2 flats joined internally. On the 3rd floor there are 2 families. One of the family member (a boy of about 18-19) has a habit of staying up late and making noises (by stomping on the floor? moving objects over the floor? I am not exactly certain how) late at night.

My mom has been bed-ridden due to an accident lately and it is of utmost importance that she gets a good night sleep. Unfortunately she is a light sleeper and wakes up hearing those noises.

We approached our neighbors almost a year back complaining about these noises but they responded in rather hostile manner and hurled abuses. I don't think trying to talk some sense into them would work anyway.

I have not approached the police yet as I am unsure of how to put together a complaint which can make sense to the police as essentially what I am saying is that my parents are disturbed due to my neighbors choose to make use of their own flat's floor in an ungodly hour. I don't know if the law has something to prevent such things and how I would prove it that those noises are creating issues.

There has been some talks about the house's construction not being proper and thus any small noises are amplified and carried to us somehow, but I don't hear much noise from the other neighbor who are on the 3rd floor as well and neither the neighbor who are residing at the 1st floor below confirmed that they hear any noises from our home.

At this point I am feeling really a bit lost and unsure of what to do. Your advise would help a lot. Thanks in advance!


Best Regards,
Abhik Basu
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) complain to the secretary of the society agaiinst your neighbour

2) mention about nisance caused by neighbour disturbing your elderly mother sleep by constant moving of objects late at night

3) raise the issue in society AGM if no action is taken by the secretary

4) you can contact a local lawyer and issue legal notice to your neighbour to desist from disturbing your peace at night

5) you can lodge complaint against your neighbour under section 133 of Cr pc and obtain an order to desist from public nuisance

6) under the Indian Penal Code an act or illegal omission of a person causing danger or annoyance to the people in general who dwell or occupy property in the vicinity would be a public nuisance.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

There is nothing that police can do in this as the dispute is entirely civil in nature. The boy has not violated any provision of Indian Penal Code, so criminal case is out of picture. Your remedy is to file a civil suit for permanent injunction against him to restrain him from creating nuisance in the manner which he does. Before that issue a lawyer's notice to him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. no need to approach police because it is a civil nature case.

2. you should give him a notice to stop such nuisance.

3. thereafter you may file a civil suit against him,

4. you should collect some evidence regarding nuisance,

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

A. As per the Article 21 of the Indian Constitution: Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. as per the said fundamental rule, you can enjoy your property without disturbance for peaceful enjoyment.

B. Generally, nuisance has two category i.e,1. Public Nuisance (Section 268 read with 290 of IPC and Section 133 of CRPC) 2. Private Nuisance ( Section 144 of CRPC applicable only rare cases means danger to human life) You can approach the court under section 144 of CRPC by interpreting danger to human life, health or safety to safe your mother health. Section 30 to 32 of The Police Act, 1861 empowers to Police to take action against the noise polluter and the measurement of noise could be analyzed under THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000 and lodge the complaint before the authority if the noise exceeds prescribed decibels.

C. Private Nuisance could be removed through civil action means Court actions by obtaining injunction order against the neighbors and claim damages for the mental harassment or agony. Before you move the Court, issue a legal notice to him to stop nuisance.

D. You can lodge the complaint before the Apartment Association towards this nuisance. The Association would issue show cause notice to your neighbors to answer and can take appropriate actions against him for peaceful enjoyment as well good environment.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Have you made a written complaint to the secretary of the association about this nuisance which is unbearable?

If the association is not responding properly on this subject despite complaint you may issue a legal notice to the neighbor about this and instruct him to refrain from indulging any such act at the Godly hours which is creating disturbance or else to face the consequences as per law.

A copy of this notice may be endorsed to the secretary of the association.

After this you may aproach police or local civic body with a proper complaint.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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