• Noisense negibours in apartment

Hi iam from bangalore we stay in apartment flat on rent basis . ...we have medium size common area next to our door as we live in ground floor...lots of kids who is staying in 1st and 2nd floor that they are playing cricket and football and they are already damaged our Windows and now we are facing problem that they are troubling us while they play like they are hitting on face while walking and sometime they are pushing people while walking ..We have had a series of accidents due to the football menace and the parents of the kids are defending the kids saying they dont have anywhere else to play and that they are stressed. They football is playing is next to our door only . These parents even go to the extent of advising others to be careful and avoid the usage of our balcony or nearby area when football is playing..We have talked to the Secretary and the Managing Committee of the housing society and even submitted a complaint in writing. However as per our previous experience they don’t take proper action permanently as their children are also involved in this.and now they are telling we are staying on send basis so we don't have any rights to ask them stop playing football 
 
As member and licensee of these building we have right for peace and tranquility and this cannot be taken away by these boys who are not only creating a lot of noise but also indulge in hooliganism when asked not to play and disturb the peace in the society. 
so kindly let me know what action I can take in this matter
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hello,

Legally after recording such incidents you can approach the civil court and file a suit for permanent injunction.

Also, you may approach the police and ask them to solve the issue. Though the matter is not criminal in nature but still the police may help in Settelment.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You are mere licencee of flat

You cannot restraint kids from playing football and cricket in the common area of society

Your option is to issue one month notice to licensor and terminate the agreement

Shift to another flat in another area

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

See since nuisance is caused you can call the police and police though wont register any complaint but can help you. Further you can file a application before civil court for permanent injunction since the damages are caused even if you are licensee you have right of peaceful stay.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

!) You can make complaint in writing to Registrar of CHS in the your area regarding playing football in the CHS area.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Your best option is to raise the issue with flat owner

Mention that on account of nuisance by kids playing next to the flat you have no option but to terminate the leave and licence agreement

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Sir see you cannot restrict them from completely using the common area though if there are any damages you can claim compensation and further you can restrict them from playing with sport equipment from which damage and injuries can be caused.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can report this matter to Police and take compensation for damage occurred to you.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

You cannot refrain the members of the society from using the common area which is meant for exclusive uses for all the society members.

You can still file a suit for permanent and mandatory injunction, but the chances are sucess are bleak as you are only a tenant and the acts of the children do not constitutes encroachment of any private space.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can file a suit for damages in civil court for the losses suffered by you by way of your damaged windows due to the actions of the children playing near your flat against the parents children being the lawful Guardians.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Firslty, being on rent doesn’t not mean that you can’t fight for your rights.

Secondly, you should file a suit for permanent injunction in the civil court with application of temporary injunction for the time being till the finality of the suit.

Thirdly, it is only a civil remedy which may give you relief but no punishment to the children.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

As member and licensee of these building we have right for peace and tranquility and this cannot be taken away by these boys who are not only creating a lot of noise but also indulge in hooliganism when asked not to play and disturb the peace in the society.

so kindly let me know what action I can take in this matter

Since the society is not keen in taking any action on this, you may issue a legal notice to the parents of one or two kids who have damaged your property while playing instructing their kids to refrain from playing or else to face legal consequences or you can lodge police complaint for the damages you suffered.

As a matter of fact you can inform your landlord to initiate action on this because he is the right person to take any action on this and not you.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Actually the games the kids poly is not round the clock.

They would play only during leisure time and not always.

Thus this not should be not seen as menace.

A small adjustment will make your living peaceful or else it will keep tormenting you even when the kids are confined into their house.

As a matter of fact you cannot take any legal action on this including police complaint because basically you are a tenant and moreover the kids are playing inside their compound and also their intention is only to play and not to harm anyone intentionally.

The legal actions that you may initiate will be a continuous problems to you on many aspects, hence think it over properly and take wise decision on it.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Your case is very simple. You can put a private complaint against all the parents of those boys and made them to run from pillar to post. The law is as follows. Legal notice to those parents may be enough. For online draft legal notice you may share full story.

====================================================================================

How to File a Harassment Complaint Against a Neighbour

Is Calling Police an Option?

Yes, 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. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

• Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

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.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

• Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

2. You can file suit for declaration and mandatory injunction in a civil court as well.

3. You can claim damages in the same suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Ask a Lawyer

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