• Private nuisance

I have a bungalow in the society and our adjoining neighbor throws rubbish/ash in front of my gate. I have CCTV footage as a proof. They have also thrown some garbage bags on my car which is parked on the society road.

Please advice what action I can take against them
Asked 6 years ago in Criminal Law
Religion: Hindu

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15 Answers

This is mischief and a criminal act, can file complain to police.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  FIRSTLY, serve them a proper Legal Notice.  IF neighbours do not comply with the legal notice, THEN  You can file a Police FIR, requesting investigation and charge-sheet, for offences like nuisance, intimidation,  breach of trust etc.... against the person, supported with all relevant supporting documents.

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. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

first write a notice to your society and ask them to take action against the neighbour. and if the society fails than submit a complaint to the local police station and ask them to register an FIR for spreading Nucience against neighbour.

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

  1. You have two options--- a) first complaint to your society about this; and even if the matter isn't solved, move the cooperative court, making that neighbor and your housing society as respondents, or, b) sue that neighbor in civil court for nuisance. 
  2. For either of the two options suggested in 1, you would require the services of an experienced counsel (Advocate) to file and plead your suit in court. I'm prepared to be your counsel. Speak to me by availing the phone consultation service here at kanoon to fix up an appointment with me

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear Sir,

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. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

file police complaint against neighbour 

 

2) issue him legal notice not to throw garbage on your car and rubbish in front of your gate 

 

3) you can also file private complaint with magistrate against your neighbour for public nuisance  under section 133 cr pc to desist from public nuisance 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file a police complaint agaisnt them for damaging property and creating nusiance. Register a complaint before the jurisdictional police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can make police complaint against them for harassment and garbage issue.

 

If you have registered society than make complaint to Secretary.

 

If society is not performed than in PMC or your  area corporator.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Lodge complaint with the local Police marking copy to the concerned Municipality by furnishing photos from your CCTV recordings.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

you can complaint against your neighbor at near by police station for creating nuisance or you can file a Civil Case against the said person seeking injunction restraining him from doing such bad act . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File a complaint ti the municipal council against this neighbour and lodge a criminal complaint too.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can complaint to municipal Corporation as well as file suit against him for damages

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

First file a police complaint against him. If he does not mend his ways then you can file a suit for permanent injunction to restrain him from doing so.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can take action against them you should file suit for causing nuisance against them. 

You should also file civil suit for claiming damages and compensation for harassment suffered by you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Since you have surveillance camera video footage of the incidents, you can first issue legal notice to the neighbors who do this nuisance to you asking them to refrain from indulging in in such activities, if they dont listen then you can lodge a complaint against them with the local police and can also attach the video footage to substantiate your complaint.

This is a public nuisance, hence you can seek the help of police to curb this menace.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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