• Noise from the above floor due to tailoring business

I am living in an apartment in Bangalore. The people residing in the floor above mine are doing tailoring business, though this is a residential complex. The heavy grinding noise from the operation of the machine is making life hell for us to live. We have a six months old kid, she is uncomfortable with that noise. Also, there is no set time for their activity, they will start as early as 8 AM or earlier and do it till as late as 9 or 10 at night. 
Is there a way we can get a restraining order from the court ? What kind of evidence would be needed for this ? We cannot complain to the association as this is still under construction and there is no association formed as yet. 
Also, I don't think that the local municipal authority with take action against this. This apartment comes under rural area(panchayat) is the municipal authority. So I would like to know if any legal action could compel them to stop doing so ?
Asked 11 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Converting a residential place into a business or commercial place is illegal.
The top floor owner cannot convert their apartment into a commercial place for tailoring manufacturing unit.
If this is not covered in the Municipal limits, a complaint can be made with the local civic body (panchayat).
The police complaint ill be ineffective though you can make a complaint against the noise pollution and disturbances due to frequent movements of customers etc.
If the panchayat body is not taking proper action or is reluctant to take any step on this and the disturbance is intolerable, you may approach civil court with an injunction suit seeking to restrain the top floor people from using their residential apartment into a commercial activity place and can also plead the noise pollution as another ground  which has been caused due to illegal commercial activity in the purely residential area.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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Secondly, in case I wish to file a civil suit for injunction to claim damages, how to evaluate the cost of damages and also the proofs required for the same ?

For initial case itself you are hesitating so much due to lack of evidence or unable to gather evidence even for lodging a formal complaint.
What will you do to gather proper and substantial evidence to claim compensation or cost of damages?
How will you prove the damages and what are your damages?
Noise pollution may damage your health, d you have any medical proof for having consulted a doctor or hospital due to trauma caused due to the said noise pollution?
You are at your liberty to sue them but see that it does not back fires.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Well, do not waste time.
File a petition u/s 133 crpc in the local Magistrate's court. You will required relief in no time.
If that is not proved to be of much help then file civil suit for injunction.
Meet a local lawyer and discuss with him on this line.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
carrying on business activities inside and from a residential apartment complex is prohibited by the law, as you rightly pointed out the enforcing authority i.e., the BBMP or the local panchayath must see this is not done, but generally they turn a blind eye to such activities or take a bribe and allow this to happen unhindered, probably your neighbours must also be doing this, speak to them directly and inform them the inconvenience their business is causing you and your small child, if they understand then no issues, otherwise you may have to start to lodge a complaint with the authorities as your apartment does not have an association as yet, in that case you must give them all proofs, documents to show that they are indeed conducting the business from their flat or apartment, if possible record the whole thing on any given date. Keep this proofs you can use these if you wish to take an injunction against them from the civil court.
Injunction is only to restrict them and not to claim damages against them. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1) you should complain to the panchayat against the tailoring establishment run on the flat above yours 

2) rely upon business card distributed by them 

3) also mention that activities start at 8 am and run till 19 pm at night causing great deal of inconvenience to you and your six month baby 

4) file RTI application if no action is taken by the panchayat 

5) contact a local lawyer and issue legal notice that noise decibel level from the constant grinding noise of tailoring machines far exceed the permissible limit 

6) if your neighbour refuses to listen to reason file complaint with magistrates der section 133 of IPC  for nuisance 

Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) Decibel meter can measure the noise level from the tailoring machines installed by your neighbour 

2) yiu can also file police complaint with local police station under noise politician control rules if noise level exceeds the permissible limits 

3)complaints made in writing to the panchayat and reminders sent will help you on making out a case against your neighbour 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. It appears that he is indulging in to a manufacturing/processing/business activity from a residential aea which is improper,

2. Lodge a complaint before the police, local municipal authority (panchyat) and also local noise control board if you are sure that the noise generated by him has really crossed the basic level of tolerance,

3. If the authorities  with whom you your registered your complaint fail to act, file a Writ Petition before the High Court against their inaction praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. You lodge the said complaint by attaching copy of he said business card,

2. It is the duty of the concerned authorities to enquire in to the complaint and act accordingly. They should send their representative to witness the act of the tailor,

3. If they do not act then file the W.P. as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Commencing and operating a commercial business in a residential complex is generally not permissible but this is subject to local laws and bye-laws. The most efficacious remedy is to file a lawsuit to seek injunction against the owner and business. There is no strict formula to calculate damages except if the damages are liquidated. So it is for the court to quantify the damages, if any. The business card with their address printed thereon is sufficient proof of the operation of business. No further proof is required as the onus to prove that the business is not being carried is on them after you have prima facie established the existence of business from the premises.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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