• Harassment and non-cooperation by neighbour

We have a neighbour who wakes up at 5:30 and she begins talking loudly and more specifically she asks her maid to wash clothes against the slab/rock with as much force as she can muster (similar to dhobi ghat). She knows and she takes pleasure in the facg that she's waking me up and even after repeated requests that she stop doing this in the morning when we are sleeping, she keeps at it saying "it's my house, I can do as I please". This happens everyday, including Sundays. My health has taken a toll and I find myself in an irritated and angry mood every morning and in need of sleep. What can be done regarding this issue?
Asked 7 years ago in Civil Law

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13 Answers

Issue her a legal notice.

If she fails to restrain herself then Contact a local police station and make a complaint for causing public nuisance.

Or

You can also file a suit for permanent injunction.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1.Well,this is indeedtrialissue forw hich unfortunately the alwhas notprovided with any remedy to redressyour grievance.

2.only by way of personal requests you will have to resolve this issue.

3.it is good that he wakes up early in the morning which is nothing but giving lot of good opportunity to improve your health.

4.Go early to best and riese early in morning to remain healthy and hearty.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Complainto the secretary of society against the neighbour

2)file police complaint against neighbour

3) issue legal notice to neighbour

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

Hi, you can lodge police Complaint against her.

2. If the police will not registered the compliment then you can file Civil suit against your neighbor.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Hi,

Under Art.21 of the Constitution, the citizens have a right of a decent environment and they have a right to live peacefully ,right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Art. 21 of the Constitution. Principle of judicial activisms confers power upon the court to be active and not remain inactive for the purpose of protecting rights, duties and obligations of the people.

File a criminal complaint under section 133 crpc.

She will never create problem for you.

Thank YOu

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The only way is to make a complaint to police for the mental harassment. I do not find any other way to stop this nuisance.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

You neighbour's act amounts to public nuisance. Public nuisance is punishable under the Indian Penal Code.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighbourhood.

Call the Police the next time she indulges in this act. Ask them to lodge a FIR against your neighbour for causing public nuisance.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Alternatively, may file a complaint before SDM under section 133 of criminal procedure code for nuisance created by your neighbour.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Respected mam ...

You can file a complaint regarding public nuicance by her ... Complaint will be filed at your police station in which your house comes under ...Mam ask her first to stop these stupid things and if she denies ...File a complaint against her .It is not an big issue you can easily solve this by presence of mind .....

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

You can file the writ petition before the high court of your state for violating of fundamental right.

On the other hand you can file the petition of mandatory injunction before the district court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Please file a complaint with local police for nuisance they will warn her if it don't stop file a suit for injunction....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You can move an application before the District/Sub Divisional /Executive Magistrate under section 133 of Cr PC.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

calling a police if your neighbor harasses you is an option to go with.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts.

Harassment in India is becoming a very common issue nowadays. There are various types of harassment faced by the people in India through mischief, trespass, nuisance and sexual harassment. There are various laws made keeping in mind the types of harassment. If one wants to get justice then he must follow the laws to get justice.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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