• Harassment by neighbour

Dear sir/mam, My neigbour has placed an Outdoor unit of ac, exactly in front of my entrance door of my house knowingly for harrassment to my old parents. We have requested them to change the location telling them the problem. but they did not take any action and even start to quarrel. My old aged mother is suffering the problem related to breathing.We have also called the Village Head Serpench and others, but they also r protecting them saying that they have placed outdoor unit at their own property. Now what can I do for solving this problem.
Asked 5 months ago in Property Law
Religion: Hindu

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28 Answers

Your neighbour is at liberty to place outdoor unit of ac on his property 

 

for installing ac outdoor unit you don’t need any permission of sarpanch 

 

it is not cause of any health problems 

 

you can only request him to shift out door unit but cannot force him to do so 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You cannot force neighbour to shift outdoor unit as it has been placed on his property 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You have to file a petition in civil court seeking mandatory injunction to remove the AC machine stating the grounds of it causing disturbance to your right to live peacefully in your own premises. 

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

Serve them a legal notice saying that the passage where the outdoor unit of the AC is kept has ingress and outgress to your house, and in your legal notice demand them to relocate their outdoor unit.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

In this case you can call police and report the Harrassment. They can't cause such Harrassment to senior citizens.complaint in the name of senior citizens with the Harrassment caused

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Rs. 2200/-

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

Legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Eventually they are not trespassing in your property and it will be really difficult for you to get any relief even increase you go to the police station as the outdoor unit has been put in their own property.

You have only one option to approve to the police in case there is any inconvenience created by your neighbour because of the air conditioning unit but in case it is put are away from your entrance the air conditioning unit is not creating any problem except emission of the hot air decide your action wisely before we take any legal action

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

Sir

Your Neighbor is at liberty to put the AC unit anywhere but it should be on his property, it does not matter if the unit is facing on your side, if you go legally it can take time.

it is best Advisable to solve it Amicably by intervention of the the Sarpanch or you can even approach the Municipal Corporator of your Area. 

The Cost may vary depending upon every Lawyer. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

Serve him with a legal notice.

If they don't replace that unit than file a police complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

A meager amount of court fee say Rs. 300 plus lawyer fees.

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

Okay, let me know if you want to send a legal notice?

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

Please approach Police Station under whose jurisdiction you and your opponents reside. 

Please file a complaint of harrassment under section 441, 504,506 of IPC  for violations of your fundamental rights to live with freedom and dignity. 

Please hire a lawyer to issue a legal notice to your opponents for harrassment, threats and wrongdoing to you,and your parents. 

May be costs involved for legal notice INR 5000.00 to INR 10,000.00

Application to Police you may draft self or may Hire Lawyers they may charge you according to their services and Seniority. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

What is the problem that you are facing due to the installation of AC unit in his property?

If the installation is obstructing your easement rights then you can take suitable steps to get relief through court of law. 

Hence you may discuss the issue with a local advocate and confirm if your rights have been invaded by your neighbor and whether you are entitled for any relief,  you can proceed legally if recommended. 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

You have not stated the actual problem you face due to installation of the outdoor AC unit by your neighbor. 

However you may even issue a legal notice to your neighbor to change the location of the AC unit for the harm and inconveniences caused due to this. 

After that you can decide about approaching the court of law claiming easement rights,  if there's any remedy available for this through law. 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

The court fee and the lawyer fee may be enquired from the lawyer you may desire to engage for this purpose. 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

Firstly, if the unit is causing any health hazards, you need to lodge compliant.  Normally, when an outdoor unit of AC is installed within his premises by the user and if it is not disturbing privacy of the neighbour, it cannot be forcefully changed.

Village Head Sepanch and others cannot do any thing if the user has installed the unit within his premises and not violating your privacy.

Only thing is you can request him to shift the unit, for the sake of your parents.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Further reply,

You can only request him on humanitarian grounds by saying that your parents who are senior citizens, and due to the unit they are suffering etc.,

Cost / expenses can vary from Advocate whom you engage, it cannot be quantified here.  The same is between you and the Advocate.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

- Your parent is having right to live in the society peacefully without any interruption from any one , and the said installation of the AC is against the rule and detrimental for her heath. 

- Lodge a complaint before the police after stating the facts in details and give one copy before panchayat as well. 

- If, no response, then file a Mandatory injunction suit before the court for removing the AC from there permanently.

- Or you can send a notice before filing the said case. 

- Cost depend upon the lawyer you engaged, however this case will be finished on 2 or 3 hearing , hence talk any lawyer locally. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

1. Have you called the police?

2. If police also does not help then the only remedy is to file a suit for mandatory injunction and damages on account of mental agony suffered by you in the civil court.

Ashish Davessar
Advocate, Jaipur
30006 Answers
867 Consultations

5.0 on 5.0

You can file a suit for mandatory injunction to remove the same, but you have to prove nuisance and health hazard effect of the unit in front of your door.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

Lodge a complaint with local police under 133 crpc, for public nuisance if the problem persists. and you can lodge a complaint with pollution control board. Contact a lawyer and issue a legal notice in this regard at the earliest to curb this menace.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

you can also file police complaint against your neighbour. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1. You should send a legal notice for removal of outdoor unit.

2. If he refuse to move the unit even after legal notice then suit for permanent injunction will be the option available for you. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the conduct of your neighbour is absolutely not acceptable at all and the same amounts to tort of your easement right.
  2. I would like to apprise you that you will have to approach the court of civil law for suit for permanent injunction and with temporary injunction plus to remove the present obstruction put up by your neighbour.
  3. Once you will be having the court of law order then nothing can be done by your neighbour and he will have to remove the same or otherwise police will act on it and get it removed and he will be put in jail.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You may give an application to the SDM and he will dispose the complaint by taking appropriate action.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You may give an application to the SDM and he will dispose the complaint by taking appropriate action.

He may have kept it on his property but still it mustn't cause any inconvenience to the neighbours.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

You can file a complaint yourself.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

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