• Hooligan neighbours

I am a single woman who lives in a gated appartment society. The appartment next to mine is rented out by a group of bachelor boys who very often have parties and gathering that goes way into the night till 2 or 3 a.m. The loud noise of them singing and socializing becomes a nuisance to everyone of us including other single occupants and families that live around this appartment. Now a new nuisance is that they come ang ring the bell of my appartment late in night and run away. Being a single woman I am scared for my safety and hence don't open the door. Unfortunately the corridors are not under surveillance and hence I don't know how to prove that these guys are up to this miscreant. Kindly advise what can I do to stop this.
Asked 6 months ago in Property Law from Bengaluru, Karnataka
Religion: Christian

hello

       the society office-bearers should be immediately informed of this and they should contact the owner of that apartment and the owner should remove them from the society. an FIR should be lodged with the local police station about their behavior.

regards

Rahul Mishra
Advocate, Lucknow
3860 Answers
11 Consultations

5.0 on 5.0

You can arrange to fix a surveillance camera at your door steps to capture the pictures of the nuisance creators.

You have to make a complaint about the disturbance and nuisance created by the neighbors especially during the time they are indulging in such undesirable activities.

What is the association Secretary or President doing on your complaint? 

T Kalaiselvan
Advocate, Vellore
53783 Answers
651 Consultations

5.0 on 5.0

1) You can make NC in police station along with other apartment members that there is so much noise pollution in the apartment and due to this whole apartment is disturbed. So kindly tell owner as well to remove bachelor's and keep a family as tenant.

Ganesh Kadam
Advocate, Pune
6881 Answers
57 Consultations

4.9 on 5.0

Does your apartment complex have Managing Committee(MC)? If yes, give complaint by notice to look into the matter and pass a resolution to evict the tenants/ Hooligans as there will be a clause in the Apartment byelaw to habitat in a peaceful manner and not to cause nuisance in any manner. If MC does not take any action I can help with you register the police complaint/ Private complaint to the Magistrate.

Jamal Sait
Advocate, Bangalore
78 Answers
1 Consultation

Not rated

Try below steps:

01. Try to talk with them in the morning politely

02. Give them warning in writing copy to your gated community association

03. Nothing worked out, Call 100, when they makes huge noise in the mid night

04. Still issue, give written police complaint and file law suit.

05. If possible fix single camera on your door 

G Suresh
Advocate, Chennai
387 Answers
3 Consultations

4.9 on 5.0

1. I wonder why all other flat owners have not united against this malady so far and raised a protest.

2. If not then immediately visit the nearest police station and lodge a complaint in writing.

3. If this does not work then file a case u/s 133 crpc in the court of executive magistrate.

4. Filing a civil suit for injunction is also an option.

5. Put pressure upon the landlord of the flat so he vacates this flats and gives it on rent to some family members. 

The society must take a proactive role on this. Inform the society in writing.

Devajyoti Barman
Advocate, Kolkata
17130 Answers
246 Consultations

5.0 on 5.0

Dear Madam,

Bengaluru is secured placed that too apartment in a gated society more security. If you feel insecure then one must know its in securety. You may try the following.

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 –

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.

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

You can claim damages in the same suit.

THE KARNATAKA POLICE ACT,

(similar State Police Act also existing in each State)

  1. Punishment of certain street offences and nuisance.—(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,— (a) without lawful excuse drives along, or keeps standing in, any street a vehicle of any description or drags or pushes in any street, a vehicle of any description other than a bicycle at any time between half an hour after sunset and one hour before sunrise without a sufficient light or lights; (b) without reasonable cause, drives, drags, or pushes any vehicle otherwise than on the near or left side of the road or passes any vehicle except on the right side of it and at any speed higher than what may be prescribed by notification by Government; (c) leaves in any street insufficiently tended or secured any animal or vehicle; (d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority; (e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public; (f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time; (ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate; (g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon; (h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; (i) uses or operates at any place any apparatus for amplifying any musical or other sound, such as a megaphone or loudspeaker, any time between ten o’clock in the night and six o’clock in the morning, whereby any annoyance, disturbance, or discomfort is caused to the inhabitants in the vicinity; (j) obeys a call of nature or permits a child to do so or bathes or washes his person in or near to and within sight of a street or public place (except in some place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by; 52 (k) negligently lets loose any horse or other animal, so as to cause danger, injury, alarm or annoyance to the public, or suffers a ferocious dog to be at large without a muzzle, or sets on or urges a dog or other animal to attack, worry or put in fear any person or animal; (l) bathes or washes in or by the side of a public well, tank, or reservoir, not set apart for such purpose by order of a competent authority or in or by the side of any pond, pool aqueduct, part of a river, stream, nalla or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority; (m) defiles or causes to be defiled, the water in any public well, tank, reservoir, pond, pool, aqueduct or a part of a river, stream, nalla or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority; (n) obstructs or incommodes a person bathing at a place set apart for that purpose as aforesaid, by wilful intrusion or by using such place for any purpose for which it is not so set apart; (o) wilfully and indecently exposes his person, uses indecent language or behaves indecently or riotously or in a disorderly manner in a street or place of public resort, or in any public office; (p) is drunk and incapable of taking care of himself in a street or place of public resort; (q) wilfully pushes, presses, hustles or obstructs any passenger in a street, or disturbs the public peace or order, by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle, or otherwise; (r) uses in any street any threatening, abusive or insulting words or behaviour or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned; (s) begs importunately for alms, or exposes or exhibits, with the object of exacting charity, any deformity or disease or any offensive sore or wound in or near to and within sight of any street; (t) throws or lays down any dirt, filth, rubbish or any stones or building materials in any street, or causes any offensive matter to run from any house, factory, dung-heap or the like into any street (u) neglects to fence in or duly to protect any well, tank, or other dangerous place or structure; (v) without the consent of the owner or occupier, affixes or causes to be affixed any bill, notice or other paper upon any building, wall or fence, or writes upon or defaces or marks any such building, wall or fence; (w) without the consent of the Government or the public authority concerned, affixes or causes to be affixed any bill, notice or other paper upon any lamp-post, tree, letter-box, transformer, street or any other property belonging to Government or any public authority, or writes upon or defaces or marks or causes to be written upon or defaced or marked, any such lamp-post, tree, letter-box, transformer, street or other property; (x) spits or throws any dust, ashes, refuse or rubbish in or near to any street, public place or place of public resort so as to cause annoyance to any passerby; (y) 1 [xxx]1 or spits in any court, police station, public office or building occupied by Government or any public body, in contravention of a notice by a competent authority in charge of such place and affixed to such court, station, office or building, 53 1. Omitted by Act 2 of 2003 w.e.f ….. shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code. 1 [(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,— (i) to such local area as may be specified in such notification; or (ii) to such local area for such period as may be specified in such notification. (b) The State Government may at any time rescind any notification issued under subclause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4167 Answers
102 Consultations

5.0 on 5.0

File a complaint before apartment society. The same time you can lodge a complaint before police against the nuisances. Ask the society to fix a surveillance camera if they are not do the same ,then  fix yourself in your doors.  

Ajay N S
Advocate, Ernakulam
3132 Answers
61 Consultations

5.0 on 5.0

File a complaint with police and the society further request the society to evict them and install cameras.

Shubham Jhajharia
Advocate, Ahmedabad
17092 Answers
68 Consultations

5.0 on 5.0

 

 

complain to secretary of association 

 

2) if music continues late at night call police helpline for women 

 

3) install CCTV cameras outside your main door 

Ajay Sethi
Advocate, Mumbai
63820 Answers
3881 Consultations

5.0 on 5.0

You need to file an Complaint with nearest police station and they will register and take appropriate steps. Being senior citizen you don't have to visit police station the police will approach you are your residence

Prashant Nayak
Advocate, Mumbai
10308 Answers
16 Consultations

4.8 on 5.0

1. Complain the unruly behaviour of your neighbours to the Apartment Owners' Association and request the association to take strict action against the offenders.

2. If it doesn't bear fruit, complain against the neighbours, for their unruly behaviour, to the jurisdictional Police Station to take suitable action.

Shashidhar S. Sastry
Advocate, Bangalore
2032 Answers
137 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been troubled and now also worried about your safety.
  2. Firstly, I would advice you to have some recordings of their loud music etc. 
  3. Then, on the next occasion please call on hundred number and tell that they are creating public nuisance as you are not the only one who is affected by all these.
  4. I am sure police will help you out for sure.
  5. And for longer silence, tell the landlord by way of legal notice to get the property vacated, otherwise will take him to court.
  6. The very above point is just to suggest you if still they continue to create nuisance. You may have the liberty to for it, if needed.

Sanjay Baniwal
Advocate, South Delhi
4511 Answers
9 Consultations

5.0 on 5.0

file a police complaint against all such nuisance and harassments. Before you have to approach apartment society with regarding Grievience if society not take any action then you should file a complaint at nearest police station. 

Mohammed Mujeeb
Advocate, Hyderabad
8459 Answers
3 Consultations

4.5 on 5.0

Hello,

There must be an association or society , tell them to install a cctv camera and also you can file a GD in the local PS for your safety.

Moreover you can also file a case under section 133 of the crpc but i dont encourage to take steps right now.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1019 Answers
2 Consultations

4.8 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Molesting, Threatening, Harassment, Intimidation, against the known /unknown persons, supported with all relevant supporting documents (if any - though not necessary).

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

3. On the day of the Party and loud noise, Call the local Police Control room on 100 and request for help.  You can do this without disclosing your name. SIMPLE.

Hemant Agarwal
Advocate, Mumbai
2048 Answers
11 Consultations

5.0 on 5.0

Dear client, 

You are women , your single call to police will land them in jail. Just call 100 next time any nuisance or bell and any such thing happen. Why don't housing committee take call on it and get it vacated. 

Yogendra Singh Rajawat
Advocate, Jaipur
11289 Answers
11 Consultations

4.6 on 5.0

Report their act to the Police . The next time they cause any nuisance to you and others living in the vicinity, Police must be informed immediately so that they intervene. Also, you may get a CCTV camera installed on your main gate. 

Vibhanshu Srivastava
Advocate, New Delhi
8309 Answers
126 Consultations

5.0 on 5.0

1. For them to ring your door bell and run away is an offence under Section 323 IPC. You should firstly file a police complaint in the nearest police station and seek that they should be bound down under Section 107/116 .

 

2. If police does not proceed against them then you will have to file a suit for permanent injunction against them.

Ashish Davessar
Advocate, Jaipur
26033 Answers
763 Consultations

5.0 on 5.0

Dear Madam,

The following information may kindly be read and it will helpful to you.

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. 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 –

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.

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

You can claim damages in the same suit.

 

 

Netravathi Kalaskar
Advocate, Bangalore
2619 Answers
10 Consultations

5.0 on 5.0

Ask a Lawyer

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