Hi sir actually i have a unisex salon in residential apartment i took it for commercial purpose. i am running it from last 4 year. now just in first floor just upper flat of our they are doing dance practice alternative days due to this practice there is so disturbance its unbearable we ask them to do some remedy but they lady dnt listening even her owner also ... so can i do so legal thing for them or police complaint to stop disturbance. plz give a suggestion
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You cannot restrain flat owner from carrying out dance practice in his residence
2) if noise is unbearable complain to secretary of society to take action against the flat owner for continuous noise nuisance
3) if no action is taken by society issue legal notice to neighbour
sir no person is there to take any action because society have not any committee so what can i do even our flat owner avoiding to talk to them
You are tenant in society
In such a case flat owner has to take action against neighbour
Issue legal notice to neighbour
Condition from both sides Shimla you are using the property commercially but he is not using the property is commercially because he is giving the education and it is allowed.
You need to find out some any cable solutions so as you can run your salon and she can run her classes it will be good for both of you you we can legally he she is is it the beneficial side and you are sitting at the using end so any amicable solution will solve the problem of both the parties and it will be a Win-Win situation
It is advised that you file a suit for permanent injunction against your neighbour. Meet a lawyer and prepare your case accordingly. Court will issue directions even to state authorities to take necessary actions to stop nuisance
Sir first of all do you have the permission to run commercial shop in said residential apartment as if not they can create trouble for you also.
Otherwise you can call police when .they are creating nusicance and can give a complaint the police shall take action against them.
Police complaint would be only remedy available then.
You can not issue notice for stop dance practice to flat owner ,you are tenant,owner can allow tenant to dance activity In his flat with society's permission
You can complain only if there is heavy noise then only complain to society
Society can take action against owner
If society not take action you can issue legal notice to lady
Issue legal notice for disturbances due to heavy noise
If there is no committee then who will take care of maintainance and day to day societies work
You have a right to object this, incase this is causing nuisance to you and is affecting your business.
As per section 268 IPC,"A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage."
Report this matter to the Police if they are refusing to mend their ways despite your repeated requests
