I have purchased a flat in dwarka, new delhi. Its a first floor. On ground floor below my flat, society generator is installed. It was installed before my purchase. In delhi power cut is very rare and thought it must be silent generator. So i decided to bought the flat as this generator might not trouble me much. Now I have two problems. 1. Generator is very old approx 16 years. As per NGT max life of generator is 15 years. When generator runs it creates vibration and noise in my room. Generator is very old without accoustic enclosure. Generator room have accoustic treatment but it is not sufficient as it is not maintenaned properly. 2. Genrator room exhaust fan runs only in night on the pretext on cooling, even when genrator not running. Exhaust fans are mounted without any proper shock mounting. When exhust fan runs, it creats humming noise in room, which is very prominent in winter nights. It disturbs me. I have complained several time to society managment. But they are not willing to help. They say you should have checked this before buying the flat. Now i am stuck. Pls help.
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You issue a legal notice to the association about the noise pollution that the generator is causing which is a constant and continuous disturbance and need to be rectified.
If the association is not responding properly you may approach local civic body with a complaint about this.
If there's no proper response from them also you may approach the registrar of cooperative society with a similar complaint and seek his intervention and relief to you.
You can sue your society in cooperative court or consumer court
If the noise is above noise pollution decibles you can complaint in the said circumstances. Otherwise no case is made out. You can at the most complaint to dy registrar If its a society if noise pollution case is not made out
1)in residential area noise level should not exceed 45 DB at night
2) measure noise level and if it exceeds 45 DB file complaint against society office bearers before Inspector local police station
3) police is bound to take action if noise level is in violation of noise pollution control norms
4) you can also issue legal notice to society in this regard
5) if no action is taken file complaint before consumer forum and seek orders to direct society to replace generator and install acoustic enclosures , seek compensation for mental torture undergone by you
This is clear cut violation of your easement rights and can be taken as deficiency in service by the society then they can be sued before the competent court so give them notice and after 15 days file a case.
You can file an application before the Sub Divisional Magistrate of the area in which you live complaining to him about the nuisance created as to the intolerable sound created by the running of the generator and pray to the said officer requesting him to direct them to remove and stop the nuisance .
For this you shall have to file an application for the same under the legal provisions provided for by section 133 Cr. P. C. Read with other provisions of law. You can also move an application in this respect in the office of The Pollution Control Board of your area as only silent generators can operate after due permission from the Board.
File an injunction suit against your CGHS since your right to livelihood is gravely affected.
