• Unbearable noise created by neighbour

The following Problem adds to our everyday frustration.please suggest how to proceed.also suggest the approx procedural costs which will be inculcated in this entire process.
1.Unbearable noise from 4th floor resident.
      They have 14-16 year old children who play outdoor games such as basketball,football,and keep running in their apartment throughout the day.This creates a lot of unbearable thumping like noise.They also create noise after 10.00pm which does not allow us to sleep.Another type of noise is dragging of tables,chairs and jumping activities like skipping.They keep giving excuse that the building is weak.
      Even after repeated requests for 3 months they have not stopped playing.They have also been arrogant towards us and challenged us to stop them.Do we have an advantage over them?
     Also collecting proof and evidence is difficult as the voice recorder is not able to absorb thumping noise clearly.
    Is calling the police an option? but calling them at the right time would again be difficult as noise may or may not occur at that time.
    Is there any other way we can prove them wrong?
    They claim that it is their home and they can do anything. Are they right?
Please Help.

Regards
Asked 1 year ago in Civil Law from Greater Mumbai, Maharashtra
1) you cannot stop children playing in their apartment 

2)if the nuisance continues even after 10 pm you can complain to the secretary of the society against the neighbour 

3) you can also lodge police complaint against  your neighbour if the noise continuously interferes with your ability to enjoy your property
4) . you can approach the Pollution Control Board with a representation containing details under Noise Pollution (Regulation and Control) Rules, 2000

5) you can  contact a local lawyer and issue legal notice to your neighbour to desist from disturbing your peace at night 

6) you can lodge complaint against your neighbour under section 133 of IPC and obtain an order to desist from public nuisance 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi
you can take following legal steps
1 if you are in a housing society first you should write complaint to the society , it is society's absolute responsibility to take action against the owners who make other residence life miserable ,it is public nuisance.

2.Make a police complaint, do not have to produce any evidence let police call them and investigate.

3. Send them a legal notice through a lawyer for causing you trouble and send the same to society management
The act what they do will  come under public nuisance, so police should take a complaint.

if police do not take any action , you need to approach a criminal court with th a private complaint.
You can also approach deputy registrar of your area and file a complaint.
all the steps you can do it yourself except sending them a legal notice, 
You should take this strongly before the society administration.if every family  in the building start troubling each other and challenge others for  evidence or proof , what will be the situation, so society administration has the authority to take action and warn/fine  the flat owner for this deliberate torture.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
If you want to take legal action then you may file a complaint before SDM under section 133 of criminal procedure code for nuisance created by them.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
You may complaint the matter to the Secretary or the President of the apartment owners association about the nuisance created by the 4th floor resident/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 problem some 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. You need not produce any evidence at the complaint stage. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. The right to freedom is subject to some inherent limitations, for ex.public order and the right of another individual to live in a peaceful environment. Nobody can do 'anything' within his house. 

2. You can seek a stay order from the court against the 4th floor resident.

3. Police has no role to play in this. Your legal recourse is only before a court of law.

4. Before going to court you may issue a lawyer's notice to him to see if he mends his ways.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi, you can lodge a police complaint against the apartment owner and if the police will not take suitable action then file a suit for bare injunction restrain them  doing noise and use their property in a such a way that it will not produce any noise.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
it is advisable to first issue a legal notice to the 4th floor resident and attach a copy to the society mangment as well if you living in a society flats. If they still not stop then you can file a complaint before the police. If the police takes no action then only option is to approach the illaqa magistrate and file a complaint under section 133 of Cr.p.c.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
A. You have to make video recording of the everyday activities which is running out side and keep some photo copies with respect to the same. Issue a legal warning notice to the opponent to stop the nuisance or else you are liable to face all legal consequences like this manner.

B. Moreover, you need to collect the signature from the neighbors with respect to nuisance as documentary evidence,

C. File a complaint  before the Police station under the Public nuisance, if no use or approach the court that the Magistrate will take the cognizance under section 156(3) and give instruction to the police to take initial action against the same.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. Lodge a police complaint against their activities which disturbs others and affects public peace and law and order,

2. Investigation by police after arriving at their place will cerainly scare them in repeating their said illegal acts,

3. Probably they have taken for granted that no boy can take appropriate action against them. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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