Hello, It is with regret that I wprite to seek information regarding our noisy upstairs neighbours. They had moved in several months ago. We believe they are tenants not owners. Some months ago they/owner began some work upstairs which caused excessive noise. Rather the carpenter or whoever it was built, drill, hammer and using an electric saw, doing it at his workshop, they commenced this work right above us. This we dealt with as best we could. Unfortunately, this became quite excessive every day. My husband approached the neighbours upstairs to speak to them regarding the noise. He was told that it would finish that particular Sunday. The main refurbishment/building ceased yet hammering and drilling persisted. Then all hell broke loose. What we know is that a husband and wife and a small child live there. The child drags furniture, there is continuing dropping of things on the floor, bangs, footsteps, as I write this moment, there is hammering. It is 7.32pm. My husband then wrote them a letter. The noise continued. He wrote them a second letter, the noise continued. They ignored all our requests to cease the noise. I told my husband to tell them to put a rug down or something to 'dampen' the reverberation of the sound waves. All has been ignored. We live in an association and we have also involved them. We have called security a number of times. We have told them the noise begins early morning, throughout the day and till midnight and past. Personally my health has deteriorated due to the stress. One particular night we called security as the noise was unbearable even over our TV which we had raised the volume. Security told us this night that the neighbours wanted to talk with us.......so it all began. The husband came down to our apartment, very aggressive and told us 'he is fed up' with the bangs which we returned to them. What we had done was use a mop head to bang on their ceiling when the noise becomes unbearable. He was 'fed up' with us doing that. I knew instantly that this person lacked common sense, respect and was totally inconsiderate to us. The whole conversation (and I say that loosely) was heated and negative. He began yelling, the wife came down with the child in her arms and their was a shouting match. Yes, I shouted back as they really got up my spine, not a good thing to do, but a lesson learnt on my behalf. The husband 'scared' me, his aggression was intense and he was so rude. Even my husband who is usually gentle reacted as the husband threatened us. So it continues, we have formally written to the association, but advice from you on the 'law' of what we can do is welcome. I am a foreigner which people keep calling me married to an Indian national, living here for 4 years. I abide my your law in every aspect, but I have never lived in such a 'shanty' place before, the problems we have faced here have been atrocious. I await your information.
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You should complain to flat owner against noisy tenants
2) request him to terminate tenants leave and licence agreement as the noise is unbearable and he refuses to listens to reason
3) file police complaint against noisy neighbour
4) file suit and obtain injunction retraining neighbour from disturbing you by his constant hammering , drilling , banging from morning til midnight
Hi mam, the problems that you are facing first needs to be settled amicably , if the mutual talks fails and no positive results comes out , make a complaint to the RWA president, which I guess have already be done by both of you and have failed to yield any positive results ..2) if they are doing it intentionally to disturb you , file a police complaint of nuisance against them..if possible you can record sounds as a video clip showing their nuisance and causing unnecessary harassment to you ..
Thank you for your information. My husband tonight will hand over a formal letter to a member of the RWA. I have requested a copy go to the president also. I dont believe its intentional. These are people who dont understand the meaning of respect and courtesy and the well being of everyone. I am sure some of the noise they make is intentional at the times, when I bang back to try to get them to be quiet as I just have a moment ago. I am still uncertain as to the recourse I can obtain. As you mentioned Hemant that we should lodge a police complaint, would that be the next step? Any recourse against the association? We are thinking of moving as its intolerable and these are the type of people who are too aggressive and incapabale of any intellect regarding other humans. I shall attempt to get a video or audio clip regarding same as 'evidence'. If there is anything more you can inform me of, please do. Thank you again.
You can complain to the secretary of the association against the noisy neighbour and request them to issue notice to neighbour
2) if no action is taken by the association file police complaint against the neighbour
What they are doing amounts to public nuisance and is punishable under the Indian Penal Code. Make a couple not videos as proof. Register your protest with them. Record a video, incase they come to confront you. Make sure that all their misbehavior and savageness is captured in a video. Instantly, dial 100 and call the Police.
You may complaint the matter to the Secretary or the President of the apartment owners association about the nuisance created by the neighbor and request them to take proper action to check the nuisance and warn the trouble creators to behave properly with other residents. If this do not fetch desired result you may either issue a notice to the problemsome resident with a copy endorsed to the President/Secretary or can prefer a criminal complaint for the alleged nuisance with the local police mentioning all the incidences.
If the neighbor is a tenant then you may call the owner and may direct him to warn the arrogant neighbor to behave properly or to vacate the premises.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
If the things go beyond control, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them.
I am sure some of the noise they make is intentional at the times, when I bang back to try to get them to be quiet as I just have a moment ago. I am still uncertain as to the recourse I can obtain. As you mentioned Hemant that we should lodge a police complaint, would that be the next step? Any recourse against the association? We are thinking of moving as its intolerable and these are the type of people who are too aggressive and incapabale of any intellect regarding other humans. I shall attempt to get a video or audio clip regarding same as 'evidence'
There are solutions for everything, legally or otherwise.
You can take the steps suggested above for safe and secured living.