• Generator noise in apartment

Dear sir/madam, 

the builder installed a generator in the basement of our apartment directly under my flat. My initial requests not to install the same fell on deaf ears. I made peace since the power was supplied by the urban division of the electric board and power cuts were not frequent.
Last year, power supply is from the rural electric board since the electricity board made some internal changes.
Power cuts are very frequent now. We are putting up with the generator noise since then. I have been following up with the association to provide better sound cladding to reduce the noise. Association feels that the sound levels are within the municipal legal limits of 70dB(decibels).  This feels like an aeroplane flying over the house. This is tolerable physically. Never comfortable. Everybody in the house is getting disturbed to the core including 2 small children where one is just 8 months of age.
Association can help us to fix this as the generator is run for the common good. But they are not a avoiding willingness to fix the problem even after repeated escalations.
Need help!
Asked 1 year ago in Civil Law from Bangalore, Karnataka
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. 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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 . 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
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."
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
All the best!
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0

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