Hello, I live in Vadodara, Gujarat India. I live in appartment and family living on upper floor creates lot of noise and nuisance. They use gym equipment and sounds like " dhadam and like somthing big fallen on floor" are coming on regular interval. I requested them not to create such nuisance but they don't listen. I afraid that it will damage ceiling and Plaster of paris construction. By this sounds building gets vibrated. Can you suggest me how can i be helped by law?
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1) complain to the secretary of apartment complex against the neighbour
2) if neighbour refuses to listen to reasonfile police complaint against the neighbour
3) if police does not take any action file suit and seek injunction restraining neighbour from creating any nuisance
If i will reasonfile complaint to police, what actions will be taken by police?
police would inform nieghbour that police complaint has been filed against him . Call upon neighbour to come to local police station
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.
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.”
Thus acts which seriously interfere with the health, safety, comfort or convenience of the public generally or which tend to degrade public morals have always been considered public nuisance.
In the following circumstances, an individual may have a private right of action in respect a public nuisance.
1. He must show a particular injury to himself beyond that which is suffered by the rest of public i.e. he must show that he has suffered some damage more than what the general body of the public had to suffer.
2. Such injury must be direct, not a mere consequential injury; as, where one is obstructed, but another is left open.
3. The injury must be shown to be of a substantial character, not fleeting or evanescent.
Since you are residing in the flat system, you may approach the society, make representation about such nuisances and seek their direction to the upper floor neighbor to refrain from indulging in such disturbances to you
Failing to fetch any fruitful result, you may plan to initiate legal action as per law by first issuing a legal notice to the neighbor and then a complaint with the civic authority or police.
If i will reasonfile complaint to police, what actions will be taken by police?
You first follow the steps to solve the issue without police intervention, if it is not solved then you may aproach police who will take action as per law.
You are a law abiding citizen so First you have to file a complaint before secretary of apartment association about the nuisance. If the board of apartment association would not take any action then file a complaint before near local police station. If the police does not take any action then file private complaint against the person who response to the nuisance. Most probably the police will call both complainant and accused and try for settle the matter amicably
