Dear Sir, I recently purchased a flat in an apartment in a Municipality under City. Apartment is G+4 and I bought my flat in 2nd floor. It is commercial + residential building in the sense that entire ground floor is designed for market ( fish , meat, vegetables etc) and rest of the four floors people are living in. I am one among them. Now the issue is - 1. Market people has no protocol regarding the usage of their place. They are doing business and end of the day dumping all the residue of unsold fish, veg etc at the side of apartment and made waste heap. So lot of smell coming and it is not a healthy environment for human being living here.It is completely Health Hazard. 2. Ground floor has some gap in their wall to ceiling (3 feet gap with metal rod) so that natural light come in in the market area in case of load shedding. But when the market is open , smell of fish & meat is getting out of that gap and people residing in the apartment could not open their windows because of smell and It is daily thing. 3. Market people are openly Butcher goat , chicken in open place at their lawn in ground floor and residents of apartment daily observe the blood of animals and butchered animals and fish. It is not a healthy environment to live in. Can not open windows or door because of smell. I understand that they bought the market place for their work but they are not listening our problems and polluting the environment. if anything told to them they use foul language because of their majority. What should I do? What the next steps can I take? if any legal options as well you can suggest. I already did registry of that flat but some work is still going on in the apartment. So builder hasn't handover the apartment to all of us yet. Kindly guide me. Please let me know if you have any queries to understand the problems
bjb
File complaint with Muncipal corporation against shop owners of ground floor for dumping of residue in the open and butchering animals in open
2) if no action is taken file RTI application with muncipal corporation as to what action has been taken on your complaint
3) you can also file suit seek injunction restraining shop owners from butchering animals in open and leaving residue in open
Act as mentioned herein above
This problem will continue for ever even if it is stopped temporarily by an order of Municipality.
You may not get any relief from this so long you are living there or so long these continue their business in that commercial space.
It is not the mistake of the builder or the shop owners.
You should have checked the details before buying the property in that place.
Even now, if the registration has not been done on your name, you can get the sale agreement cancelled and look for some other place where there are no such disturbances.
Unfortunately you may not get any permanent solution for this even if you constantly make complaints with the authorities concerned or even if you get a stay order from court, it would be temporary because court cannot permanently stop the business activities of the shop keepers.
You cannot even directly involve in quarrels with the shop keepers for this.
If the shop keepers make complaint against you the police may even register a criminal case against you for creating nuisance with them.
Thus you may have to think about the alternate ways to avoid such issues.
Alternately, you can give a complaint to the Municipality about the illegal butchering and also about the intentional attitude of the shop keepers to throw the residue scattered everywhere which not only emanates foul smell polluting the environments but also cause great nuisance to the residents of the complex.
If the Municipal authorities are reluctant to take any action on this you may approach high court with a writ petition to remove or pass restrictions agaisnt the shop keepers who indulge in such undesirable activities which disturbs the residents of the complex.
You need to file a detailed complaint to municipal authority to take action and stop the same. They can also fine the said members who continue such action in the said place
Thank you everyone for the input. Really appreciate everyone’s response. I would try to follow the steps mentioned above. Some more pointers I want to add because of the remarks raised by T Kalaiselvan Sir : This problem is faced by 6-8 families who are living in this apartment. I understand if it is marketplace, the activity will be there. It won’t be the quiet residential place. That's Why we are fine with the market which opens at 5.30 AM now, Lot of Noise during Market operation. We have no objection to those things. But here They have gone extra mile and think that since an odd 30 people operate in market so they could do anything they wish. They don’t bother to at least listen the issues we are facing. My question is – 1. If it is meant to be like this and resident needs to tolerate these, why government give permission to build this type of apartment (semi residential) with fish and meat market below without proper waste plan and environment checks? 2. As a Resident we don’t cause any problems to their day to day operations, then how could they create problem for residents (both intentionally and unintentionally) and create health hazard. 3. Since the Apartment developer has not handover the flat fully yet, can we initiate any legal steps against them (because during flat sell they assured us that we won’t be facing any problems from market in future, now they are kind of ghosting us) Any more suggestions from anyone would be greatly appreciated.
1) they have to run market with proper disposal of waste
2) you cannot take action against developer
3) file complaint with Muncipal corporation as advised herein above
Even if they have permission they need to adhere to the basic cleanliness regulations and other rules which restrict them from doing the said harassment.
- The apartment owners can lodge a compliant before the Municipal corporation against the said shop owners for creating nuisance , and thereby ask the authority to stop the same permanently.
- Further , you can also mention that they are not having any license for selling the fish in the residential area.
- Further, if the builder has promised to remove such nuisance , then you can lodge a compliant against the builder before the consumer forum on the ground of deficiency of services
- Further , you can cancel the booking and take refund the full paid amount with compensation including 10% interest for the said faulty promise of builder .
Dear Sir
You should complain about this matter to the municipal corporation of your area.
They may have the permit to run a market, but it must be done in a healthy and hygienic manner.
They have the responsibility to maintain cleanliness levels and not pollute the surroundings.
Thank you
The buyer with the intention to sell the flats at a good price to both residential flats as well as commercial , may give plenty of false assurances whereas he may not commit them in writing which clearly indicates that the builder is not honest.
Since you are aware of the commotions that usually takes place in a market place and are well aware of the nuisances due to markets below your flats, you opted to buy the flat.
Practically speaking, the authorities will not come to your rescue every time.
They may impose fine one or two times on the basis of complaint but they cannot direct the shop keepers to close down the business, the shop keepers may approach high court with a writ petition invoking the provisions and rights as provided in the constitution.
You may better avoid confrontation directly with the shop keepers to prevent unnecessary quarrels or revenge attitude by the shop keepers against you.
The next option before you is to sell this property and choose a calm and better residence elsewhere.
Even though the law is very well orchestrated to prevent such illegal activities of creating pollution and health hazards, when it comes for enforcement, the mighty is right on such issues, hence you may take a considered decision.
1. i am sure most people would tell you that before buying this place you must have done certain due diligence
2. if you had made the necessary inquiries before making the payment then it may not be justified to now cry foul
3. there are 2 options which you may explore-
a. terminate the contract with the builder and ask for refund on account of the misrepresentations made to you by the builder [which will be a difficult task as you will ultimately have to file a suit to get this refund]
b. complain to the local municipality regarding the hazardous conditions prevailing in the building and call upon it to take necessary and corrective steps. If it fails to do so then file a writ petition in the High Court seeking a writ of manadamus to the Municipality
