• Problem with neighboring flat occupants

Sir/Madam

My neighbor flat owner has installed ac outdoor unit in their wash area in such a way that the heat blow of air is directly entering into my living room because of this we are not able to sit in the living area. inspite of several request to association of my apartments no body took any action. i want to proceed legally. We reside in Hyderabad Telangana State. Pl advice
Asked 7 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

You have issue notice to your neighbor asking to remove ac out door unit installed leading to your living room by giving a week time. if still your neighbor not removed ac out door unit. You have to file mandatory injunction suit before concerned junior civil judge seeking removal of ac out door unit. You must take photographs of ac out door unit and must have to prove that is leading to your living room and heat blowing towards living room.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1) file suit and seek orders to direct neighbour to remove the condenser unit from was area as hot blow of air falls in your living room

2) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

The problem with the AC compressor fitted outside the flat which emits hot air shall pass on to the next open place, unfortunately your area falls into such an uncomfortable zone.

You may send a registered post to your neighbor mentioning the nuisance you suffer due to his AC plant and ask him to shift the same to some other place which do not disturb anyone.

If he fails to comply with the requirement, you may escalate the matter to the association.

If the association also remains silent or not cooperating then you start the legal process, by first issuing a legal notice and then to take up the matter through police or court.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

under which section of the Civil law i can proceed

One in possession of a property is entitled as per law to undisturbed enjoyment of it. If someone else’s improper use in his property results into an unlawful interference with his use or enjoyment of that property or of some right over, or in connection with it, we may say that tort of nuisance occurred.

Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.

In order that nuisance is actionable tort, it is essential that there should exist:

· wrongful acts;

· damage or loss or inconvenience or annoyance caused to another. Inconvenience or discomfort to be considered must be more than mere delicacy or fastidious and more than producing sensitive personal discomfort or annoyance. Such annoyance or discomfort or inconvenience must be such which the law considers as substantial or material.

Section 268 of the Indian Penal Code, defines it as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.Nuisance may be with respect to property or personal physical discomfort.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer