• Neighbor issue

HI,
I am staying in rented flat in building. there are bachelor students staying above my flat and they are making sound by hitting their floor irregularly day and night. it has become annoying now. I have put complaint to society also. they have told the tenant students but they are not stopping the sound. please let me know how can I take help of police or lodging any complaint. thanks.
Asked 7 years ago in Criminal Law
Religion: Hindu

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16 Answers

complain to the flat owner

2) he will take up the issue with the society

3) if society does not take any action file police complaint against the bacehlor students for naking noise at night time and not allowing you to sleep

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

complaint made to society to its email id is sufficient

2) not necessary to give hard copy to society

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Yes your complaints to the society would be cosndiered as legal.

2. Now lodge complaint with local police.

3. if the police does not take any action then file a case u/s 133 crpc in the local court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You further lodge a complaint to the society under copy to the owner of the flat who has let out his/her flat to the said bachelors.

2.If the said disturbances do not stop within next 10 days, lodge a police complaint under copy to the registrar of Society complaining about public nuisance.

3. Also mark copy of the said police complaint to the S.P./D.C of your area requesting personal intervention.

4. If they fail or refuse to take any action, file a writ Petition before the high court against police inaction making those bachelors as private respondents, seeking reliefs.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Sending email is perfectly all right and its copy is treated as digital evidence.

2. Lodge police complaint and thereafter act taking steps as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Police would acknowledge your written complaint

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

For such nuisance and continuous disturbances, if the society is not responding properly you may initiate legal action against them by lodging police complaint

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

You can produce the copy of email complaint to the police along with the main complaint. You can add the arrogance of the neighbours as additional cause for this complaint.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. You shall have to lodge a complaint first before the police station. Police will issue you a G.D. (General Diary) No.

2. After conducting prima facie investigation, police is supposed to register FIR in response to your said complaint which they ordinarily refuse to do.

3. If police refuse to register a FIR and start a case against your said complaint, you shall have to approach the High Court for appropriate direction up on the police as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. File a police complaint against them. If police intervention solves the issue then fine, else file a suit for permanent injunction against them.

2. Annex with your police complaint a copy of the mails you addressed to the society.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

they may file counter complaint of criminal intimidation under section 506 of IPC for threatening them

2) police would not put you or the tenants in jail

3) counter case would not affect your job prospects but you would have to inform ytour company of the counter case if any filed against you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

amicable settlment is best option

2) litigation is long drawn proposition

3) jsut ask boys not to make any noise after 10 pm at night

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) after lodging police complaint, can tenants file some sort of case against me and if yes which types of cases would that be.

To take revenge on you they may file false counter cases on you stating that you have hit them or abused them or disturbing them or scolded them and threatened them with dire consequences etc.

2) in my case, at what point police puts person behind bars.

The plice canot put them behind bars immediately, it can be only aftr court order.

3) if tenant puts any case against me does my service comes under danger? or will it blocks my any future opportunities?

thanks.

If the neighbor lodges any false complaint against you and if the police also registers a FIR, then you may obtain AB first to avoid being remanded.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If I put police complaint and tenant leave the flat what happens, I don't know tenant names also. I asked society chairman but they have not given me names.

In your complaint you can mention that you do not know the name of the tenant who disturbs you, the police on enquiry will come to know about it.

If the problem can be solved amicably, you may go ahead instead of wasting your time, energy and money on such petty issues which can be solved locally.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. If you have not committed any offence against them which is punishable as per IPC, then they will have no ground to lodge any complaint or file any case against you. tey might file a case/complaint u/s211 of IPC against you if the complaint lodged by you is proved to be false.

2.Police will not put anybody behind the bars unless it is not bailable offence. This matter does not attract any non bailable section.

3. Unless you are kept in police or jail custody for more than 48 hours, your service will not be affected at all.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Your basic complaint is for the sound caused by the bachelors.

2. Since they have been called and they have now understand that the matter has reached the police, it is expexted that they will try not to cause any sound to disturb you henceforth.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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