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 8 years ago in Property Law
Religion: Hindu
Before going to any authority, I want to make sure that I have sufficient proof of this activity, as they are running this business in their home, so they can easily resort to the excuse that they are actually doing their personal work instead I am confused.
Also, except for a small business card pinned on their door, there is no board or sign saying that they are engaged in a business. However, they had distributed their business cards saying "Kolaveri Tailors" and I also have the same. Many residents also know that they do tailoring and have also given work to them, but would not be willing to testify in front of any authority.
Once I report to the municipal authority/police etc., they may shut down for sometime, but again start it later and then the matter may escalate to court. So, I wish to double confirm that I have sufficient proof at hand, so that it can be proven in the court of law or as for that matter in front of any forum or authority hesitant to act due to lack of proof. This will help me and my lawyer/legal counsel to have a strong case in the court, in case the matter goes in the court.
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 ?
Asked 8 years ago