• Flat Owner not cooperating

I purchased a flat in Kasba where 3 floor represent 3 flats.
All the 3 flats have been sold. I live in the 1st floor and another flat owner lives in the 3rd floor. The 2nd floor flat owner has rented out his flat. The tenant commits several nuisances very day like 1> hammering and using drill machines generating severe noise 2> Uses water exhaustively and switches on the water pump often 3> Do not stop the pump even if the water overflows and even at times reservoir water also gets empty 4> Creates mess in the stairs like little kid committing urinal 5> Throws garbage from the window which most of the ties flow into our flat , etc
I had complained to the flat owner who has neither taken any steps nor visits the flat premises. Also , he does not pay monthly maintenance and extra work payment in time.
Please suggest what to do and get out of it.
We do not have any committee or flat owner association as there are only 3 flats.

Please help a way out.
 Arnab , Kasba
Asked 7 years ago in Civil Law

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4 Answers

1)file police complaint against tenant for hammering and using drill machines

2) complain to muncipal corporation against tenant for failure to close pump even if water over flows , throwing garbage on road

3) file complaint before magistrate under section 133 of cr pc

4)Section 133 of the Code of Criminal Procedure through conditional order is as follows:

Whenever a District Magistrate or a sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—

That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public;

may pass orders To remove such obstruction or nuisance

4) you can also file civil suit and seek injunction restraining neighbour from throwing garbage , using drill machines etc

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

For such intolerable nuisances you may first advise the tenant to maintain cleanliness and also to have a control over the acts which causes loss to other neighbours.

If the tenant do not listen to the gentle instructions, you may issue a legal notice to the landlord to instruct his tenant to maintain the premises and also to not to cause disturbances and nuisances to the neighbors failing which you may initiate legal action for nuisance under criminal laws.

If you say you are being disturbed, without evidence people will not believe you.

So, you can walk up to them, with another person accompanying you with a digi-cam behind you and recording your conversation with the neighbor, which will create fear in him and this will get a signal that you are slowly getting legal. But he may agitate or even become more aggressive over this which also can be recorded so that this will support your complaint with the police in the event you plan to lodge a complaint against him for the intolerable nuisance.

If the disturbance continues, Next, with copies of communications, and the evidences you have created lodge a complaint at the Jurisdictional Police Station for relief and remedy.

You can follow any other step as suggested by your own advocate on this issue.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. You can lodge complaint with the localpolice to stop this nuisance.

2. You can even start a case u/s 133 crpc whereby the police would be directed to remove the nuisance.

3. Civil suit for injunction can also be filed.

So there are several legal remedies which you can choose depending on your convenience.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You can report the matter to the municipal corporation or police if the said tenant commits any public nuisance.

2. Before lodging the said complaint, you should send him a legal notice detailing all your complaints and calling upon him to restrain for repeating the same forthwith.

3. If police or corporation fails to take any action, you can file a writ petition against police and/or corporation inaction seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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