• Noise caused by neighbor of the same floor singing bhajans every month with a huge crowd

I reside in a flat of 6 apartments. I live in the second floor. The second floor has three apartments, two owned by the same person(my neighbor) and I live next I face noise pollution by my neighbor every month, where they sing bhajans with loud music instruments and around 10-20 people signing for at least two hours. For me it causes a lot of disturbance where i cannot even open by main door or watch TV during the bhajans. I already requested them to reduce the volume or close their doors and sing, but they refuse to do so. We do not have an association for our flat because total of five families are there.What would be the best solution to this problem. Kindly suggest
Asked 6 years ago in Property Law
Religion: Hindu

6 answers received in 30 minutes.

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19 Answers

You can file a police complaint (criminal case) for nuisance, or file a suit (civil) for nuisance. 

In criminal case, you need not take consent of neighbours. You will be the complainant and then it's the police responsibility to investigate your complaint and prosecute the offender. 

If the police seem lethargic in recording your complaint, you can file a private criminal complaint before the magistrate having jurisdiction. He will carry out an inquiry and if primafacie if any merit is found in your complaint, he will direct police authorities to investigate and prosecute

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If this has the effect of causing public nuisance, report this to the Police. 

If the level of noise being generated by them is more than the permissible limits, this is a fit case to be reported to the Police. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Not necessary that all the flat owners should sign the Police complaint. You may alone take up this fight.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

file police complaint against your neighbour as noise decibel level exceeds 55 DB 

 

2)if police refuse to lodge complaint file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

advisable that other flat owners should join in filing police complaint 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can give written complaint to the police against your neighbours for public nuisance, if the sound exceeds the permissible limits.

Section 268 the Indian penal code which defines public nuisance is reproduced as follows for your understanding:

268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or 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. A common nuisance is not excused on the ground that it causes some convenience or advantage.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes definitely. If you choose the criminal case option, the offender will be punished. If you choose the civil suit option, civil judge will pass a decree ordering him to stop the nuisance and you will he compensated in monetary terms for the nuisance you suffered till Now. The wrong doer will be decreed to compensate you

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You alone can file a complaint against the neighbour but it would be better if the complaint is signed by others as well.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can complaint before the police for nusicance cause by the neighbour if the hours of such bhajan are not proper the police shall take step.

You can also complaint before the state pollution control board 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is sufficient if you alone sign such complaint though it would be good if other flat owners joints proceeds agaisnt the person 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See that would be based on facts and circumstances you can still move ahead 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you should get solution to your problems 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is better to issue a legal notice to the other party demanding to keep the noise level within reasonable and permissible limit and claim  for compensation for disturbance caused to you. 

In default file a suit for injunction restraining the defendant to cause nuisance by making high sound. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file an injunction suit in a civil court for restraining such nuisance. If there is any damage that has been caused to you earlier by such act , such damages can also be claimed by you in the civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File a police complaint followed by injunction. 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

You can yourself file a complaint. You need to file a suit and take injunction for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This bajans happen only once a month hence this cannot be treated as a continuous nuisance as well.

However you can lodge a complaint with the local police on this nuisance .

They will take action by first giving them a warning and then proper legal action.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the other flat owners are also affected by this nuisance they may also join you in signing this complaint or you alone can also give this complaint.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dont approach to this problem with a negative thought, you confidently approach police for proper action as per law, let them do their job.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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