Issue legal notice to neighbour regarding noise nuisance from their flat since 6 am in the morning
2) of neighbour refuses to listen to reason obtain court orders restraining neighbour from moving heavy objects etc early in the morning
Noisy neighbours
Hi, I stay in a residential apartment n Bangalore. I work from home till late night around 1-2am and as such wake up around 9am in the morning. Last month one tenant shifted to my floor above. Their household activity starts around 6am and goes till 9am. During this time there is noise of chairs etc. dragging, putting of heavy object on the floor etc. These noises are not continuous but on intermittent interval gap of 20-25 mins. However they are loud enough to wake someone from sleep. I tried talking to the tenant but he is arrogant. Even talking to the owner didn't help. I am not expecting any output from society association because as per them the silent hours is from 10pm to 6am. 'But does that mean disturbance can be done post 6am??' My senior citizen father doesn't experience the sound much as he is in other room and also he wakes up early. I haven't got complete sleep since last month, it has affected my job productivity, feel very lethargic, sleepy, irritated throughout the day, overall my health affected. Kindly guide how to deal with this. I don't want to go for police complain but can I inform to him for the complaint (or any other approach) so that it might create fear in his mind and cooperate. I want them to gently do the activities that time so that the noise will be reduced. I don't want to make the matter complicated. Please help. Thank you.
Asked 1 year ago in Civil Law
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7 Answers
Unfortunately, you have to live with it. In out society laws and awareness as to noise pollution is very week. Police will not accept you complaint as the matter non cognizable going to Court may help but it is not worth wasting time and money. Try to settle amicably with him.
As you have rightly mentioned that you don't want the matter to be complicated, meet the tenant and explain the trouble he and his family members are creating to you, and give him some target date, may be 7 days' time to stop the inconvenience being caused to you by them. Also warn him that after 7 days' time if there's no improvement from their side, you are going to complain against them in the jurisdictional Police Station, to instill fear on them.
- Legally such acts of your neighbor are against the law, as it makes others life difficult , and due to why such nuisance is defined in Section 268 of the Indian Penal Act.
- As per this section, when when the person is guilty of a public nuisance or 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, then it is an offence.
- Hence, you can lodge a complaint before the Society /building association , and if no response then file a complaint before the police and its higher official .
- If no response, then file a complaint before the magistrate for legal action against the said neighbor.
- Further, if you don't want to complaint , then you can send a legal notice to the said neighbor after mentioning that if they will continue this nuisance then you can take legal action against him.
- Further, your father being a senior citizen can also lodge a complaint before the society and the police.
The noise from neighbour is not at late hours.
They cannot be restricted.
They have a right live in their house in the manner they decide.
If they are disturbing you intentionally then you have a case.
They are into their routine activities at their convenience.
They don't have to be concerned about your late night working or getting up late in the morning.
You are excercising your own rights which nobody disturbed.
Even they are entitled to give a complaint against you for interfering in their life and privacy.
Since this is not a very big problem, you may either adjust or request them to be considerate in view of your situation and cooperate.
This cannot be considered as civil nuisance too.
Dear client I am sorry to hear that but in this case you can go ahead and file a complaint under section 268 of IPC. further you can also become complaint to your nearby police station under noise pollution control act police act etc
- Section 268 of the IPC states that an individual shall be guilty of public nuisance if they have caused annoyance to the public. Injury caused while obtaining any advantage is not excused either. For example, it is not excused if you are paid to teach children drums that disturb others.
- If there is any noise after 10 p.m., you may contact the local police and they shall give your neighbor a warning. If they do not stop, you may file a case under Section 290 of the IPC and they shall have to pay a fine of INR 200.
You can first try to complain against them to society or association later you can file police complaint also
