See you can legally carry out repair work in the appropriate hours if the neighbour is harassing you file a police complaint against them also for intimidation and sending goods register complaint against them.
My neighbors are objecting to the repair of my house. they are complaining about the noise. but my flat is actually in bad shape due to seepage. they threatening to file a case against us. please help us. they even send goons to our house.
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See you can legally carry out repair work in the appropriate hours if the neighbour is harassing you file a police complaint against them also for intimidation and sending goods register complaint against them.
they are threatening to complain against us for harassing them with noise is there any such case is possible against us we are very terrified right now please help
File a complaint with the police and explain to them the situation. If the police does not respond then file a complaint against them before a magistrate. Engage a lawyer.
You are at liberty to carry out repair works of Your house after obtaining prior permission of society
2) work should be carried out during timings set by society
3) no case is made out against you
4) record their threats . It would help you in case any false case is filed against you
1. you can do the repair work stating the same as necessary,
2. the court may not intervene in such matters,
3. regarding goons, you can file a police complaint,
1. What your neighbours are calling 'noise' is actually 'sound' which is inevitable if the repair work is done. Nothing prevents your neighbours from installing noise barriers on their door.
2. Let your neighbours go to court and seek injunction against you.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Threatening, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
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.
You have every right to get repaired your house subject to time,day and inconvenience to anyone adjoining your house.
Debris and garbage must be taken care of daily after work is over.
If someone is troubling you with threats of goons, Please approach Police officers for action under the provisions of law.
Please file FILE your complaint with Police for threats which is illegal and cognizable offenses. Pl file it for action against goons.
No case lies against you and you can without anyone's intervention make repairs during a reasonable time during the day. Infact FIR should be filed against them for threating to hurt, criminal intimidation, you as well as trespass under relavent sections of IPC.
No need to be scared you have not done anything wrong. Next time they threaten just make a video for further proof to help you in the long run.
1. Even if noise comes from your house out of constructions then the same is not illegal.
2. So let them threat . Out of this no case lies against you.
3. However take all possible precautions to bury as much noise as you can.
Inform the local police if they regularly threat you.
This is common sense that when renovation work is going to proceed in the house noise will come, you have to tell him this noise will not be last long forever, it will be hardly for month till work gets completed. He can make complaint to nearest police station and start the work internal part you can perform the work take the permission of the Municipal corporation officer and get the time fix for the working in the day hours 9 to 6 etc.
File a suit for mandatory injunction in the civil court with the help of local lawyer and seek ad interim injunction.
1. See in case you are carrying out work repair work at daytime no complaint is maintainable as they cannot take away your right for repairing. In case any work is carried out at odd hours than it may be disturbance.
Yes, if the noise is too much or if you have the neighbour who has any ailments then yes ypu must take care of that but when the noise is for repair work and that cannot be done without noise there is nothing you can do, nor they have grounds to object it .
In case you want to discuss it in detail feel free to get in touch with me.
Regards
Dear ma'am/sir
You have a right to carry on repairs and this does not amount to nuisance.
Legally no case can be made out against you if you carry on the repairs during day time after taking reasonable measures such as putting a cover to avoid escape or dust, building material etc in their house.
If they ever send goons, lodge a police complaint.
There is no need to be terrified. You are not committing any crime.
Hope this answer helps.
Best wishes.
Dear Sir,
You are suggested to file the police complaint, serve the legal notice and also file the case of injunction against him.
- Since, you are the owner of your property , hence legally none can object you to repair or carry on construction work .
- You can lodge a complaint against that neighbour for obstructing you in the work of repairing to the police and higher official .
- If no response, then file a Permanent Injunction suit against that neighbour for getting court order for the same.
- Further , then have no legal ground to lodge a complaint against you .
In this case you should inform your RWA and take written permission from RWA to get renovate your flat. And, let the RWA deal with this person. And if there is no RWA so take legal permission from MCD and give its copy to local police station and if your neighbor creates issues so let police deal with him. As such no one can stop you to renovate your flat as you are the legal owner of that flat hence it is your legal right.
1. If they sent goons to your house then you should lodge FIR against them before they initiate any legal action against you.
2. They cannot Lodge complaint against you for noises due to repairing of your house.
If you have obtained proper permission and approval, from the local civic body, you can take precautions to not to disturb the neighbor and proceed.
If they subject, you may ask them to proceed legally which can be challenged properly.
You have been given approval for going ahead with the construction as per the conditions therein, hence you need not be worried about such skirmishes.