Hi

you should send legal notice , to the association demanding to take sufficient steps to reduce the sound level.

you should make a complaint in the Municipal authority.

If the association is not bale to come up with any proper method to address this problem, you should file a private complaint in the Magistrate,268,290 of IPC and you can seek an order u/s 133 of Crpc to remove the noise if the safety methods cant be taken.

For the whole members you can't afford to suffer , under the provisions THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000, as amended in your state you can file police complaint to the authorities.

As per the provisions of "Police Act, 1861" and Noise Control. - The Police Act, 1861 also deals with noise pollution and punishment thereof. against the perpetrators.

1)issue legal notice to the association to install sound cladding equipment to reduce the noise

2)get the generator tested to check whether noise ambient level is within limits in residential zone

3)if association refuses to take action move consumer forum against the association

to direct the association to install noise reduction equipment .

4) also seek compensation for mental agony undergone by you and your family members .

1. You can issue a lawyer's notice to the association to take all the necessary steps to stop the noise emanating from the use of generator.

2. If the lawyer's notice also does not produce the desired result you will be free to sue the association whereupon the court may order it to stop the noise pollution.

A. Before install the Generator that the reasonable place shall be identified and get the approval from the Association which should draw up bye laws duly approved in a general body meeting. This installation shall not interfere the right to life with peaceful enjoyment which is clinched in the Article 21 of the Indian Constitution.

B. When the generator installation was made? Either before occupation or after occupation? Have you got notice with respect to the same? You may issue a legal notice to the association to removal this nuisance subject to availability of alternative place. You may challenge the act of the association before the DRCS or Registrar.

C. However, if you knew about this installation in the earlier, before the installation of the generator that you will loose all the rights to question the same because you have admitted the nuisance place before the occupation under the principles of "volenti non fit injuria". which means if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a "voluntary assumption of risk."

Hi, you have to file a suit before the court restrain the use of Generator not to disturb you and your family members and so also shift the generator to some other place which will reduce the noise.

Iissue legal notice against the Association, claiming that, the noise of the generator is unbearable and it is causing in convenience. Call upon them to take necessary steps to reduce the noise and inconvinience and claim compensation.

If they fail to take corrective measure, you can approch the court seeking ristrining order against causing noise and disturbance.

1. Send a legal notice to the assiociation Seretary calling upon him to shift the generator to another place since your family is getting medically affected,

2. Collect medical certificate about hypertension and other ailments of all your family members attributing to the high decible of noise

3. If the Association fails to act , you can lodge a police complaint against the Association alleging creation of public nuisance causing serious health hazard to your family members,

4. If police fails to act, you can file a Writ Petition before the High Court against police inaction.

If the generator underneath your house is really disturbing and creating nuisance to you with noise pollution, you may raise this issue in the next meeting of the association, if the resolution to shift the generator to some other safest place is not passed, you may issue a legal notice to the association shift it or you can approach the court with suit for mandatory injunction to shift the generator on the said grounds.

1) Thanks for your appreciation

2) you can contact any lawyer on this website for issue of legal notice and for filing complaint before consumer forum

You are welcome for your appreciations. Also you are most welcome to choose a lawyer from this portal or anywhere in the event of a requirement to handle the issue. First you exhaust the remedies available locally and then think about legal resort.

All the best!

1. Yes, since you are going to stay in the same in the same place run by the Association, it will be prudent on your part to try to settle your problem amicably by soft approach first,

2. When your said approach fails, you have ample scope to take up the matter legally.