• Wifi camera installation in apartment common area passage

Hi Sir,

I am residing in Ground floor in one of the apartment in Bangalore, I am getting the noise from 1st floor, they are intentionally dropping 10kg dumbbells, cylinders, iron materials while I am sleeping and attending client/managers meetings and whenever I am busy with my work. This is happening from last 6urs I gave complaint to police but no use and also talked to the 1st floor person he said he is not doing any noise. Now after I am hearing lot of noise now he is playing escape game that he will not be in flat but I dbout he gave his flat key to someone so that they are coming and making the noise. He or someone is damaging his wall by hitting through rod, hammer he is blaming me and giving complaint on me. So to avoid this I installed wifi camera in 1st floor passage, First police said you can install the camera now they are asking me to remove. 2peraons in the flat asked me to remove it and they told they are giving notice that I am capturing girls vedios they are changing clothes there. Need your help on this. I am not interested to remove the camera because they wanted to provoke me by doing the noise. I stay alone, not married and parents are not with me.
Asked 18 days ago in Intellectual Property

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8 Answers

File a civil suit for injunction so that no body can cause disturbance to you either by forcing to remove the cameras or by way of oud noises.

Devajyoti Barman
Advocate, Kolkata
23245 Answers
514 Consultations

You need association consent for installation of passage in common area 

 

2) of no permission is obtained you can be called upon to remove cameras in common passage 

Ajay Sethi
Advocate, Mumbai
97040 Answers
7837 Consultations

You can install CCTV surveillance camera in the common passage in front of your house. 

You can't install camera facing any other house. 

It will considered as invading privacy of others hence an offence. 

You have to be very careful while dealing with sensitive issues. 

You can make a complaint with society about this disturbance and nuisance. 

You may even issue a legal notice to the neighbor warning him to refrain from disturbing you or causing nuisance to you. 

 

T Kalaiselvan
Advocate, Vellore
87241 Answers
2342 Consultations

These cases are very common in various Courts. My team has dealt with various cases of such nature. In India, some persons can be really noisy sometimes, and it could be that they don’t even realize how noisy they are being and disturbing others’ mental peace.

Article 21 of Constitution of India allows the right to live in peace. Noise during late or early hours can disturb the right to sleep and hence prove a violation of the right provided by this article. Other than that, the Article 25 provides for the enjoyment of religion but not in a way that the festivities of one’s religion disturb another with loud noises.

You can send a legal notice in this regard through a lawyer for seeking compensation for mental and physical agony along with other warning. A legal notice is a formal communication sent by one party to another, indicating a grievance and seeking remedy before taking legal action. Sending a legal notice is often the first step towards resolving disputes, especially in civil matters. It serves as a final warning and a precursor to litigation, giving the recipient an opportunity to rectify the issue, negotiate, or prepare for legal proceedings. Understanding the importance of a legal notice is crucial, as its implications are significant for both parties involved.
A legal notice acts as a tool for amicable settlement. It opens a channel for negotiation, avoiding the lengthy and expensive litigation process. Parties may resolve disputes through discussions or alternative dispute resolution mechanisms after receiving a notice.

You may contact my secretary to connect with me for clarification.

Shri Gopal Verma
Advocate, Delhi
400 Answers
12 Consultations

  1. Wi-Fi Camera Installation:

    • Installing a camera in the common area of the apartment passage could violate privacy laws, especially if it captures areas like corridors or people’s personal spaces. Even if your intention is to monitor noise, the law requires consent from other residents or permission from the apartment association. The police are asking you to remove it likely because it might be infringing on privacy rights.

  2. Noise Issue:

    • Since your complaint to the police hasn’t been effective, you should approach your apartment association formally, detailing the issue and the disturbance you are facing. They can mediate between you and the other residents.

  3. Legal Concerns:

    • If the situation escalates, consult a legal expert to understand your rights. You may need to issue a formal complaint regarding the noise disturbances and any damage to your property.
    • If they are making false accusations against you, document everything and consider taking legal action for harassment or defamation.

  4. Camera Removal:

    • To avoid legal complications, it’s advisable to remove the camera, especially if other residents are uncomfortable with it. Alternatively, you could install it in your own private space (if feasible) to capture disturbances within your own apartment.

In summary, consult with an advocate about the legalities of the camera, take action through the apartment association, and document any harassment or defamation claims.

Shubham Goyal
Advocate, Delhi
208 Answers

You can put the camera unless any person privacy is not invaded as it’s a common area there is no issue to install a camera. Ideally the society has to do it

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

Dear Client,

In the Present Scenario, you live on the ground floor of an apartment in Bangalore and experience intentional noise disturbances from the first floor, such as dropping heavy items, and the same is going on for about 6 years now, which is disrupting your sleep, work meetings, and daily life. Though you have complained about the same to the police, no action was taken. Further, you confronted the first-floor resident as well, who denied making such noises and has now claimed to be absent when such incidents occur. You also installed a Wi-Fi camera in the first-floor passage, initially permitted by the police, to record the disturbances caused. However, the other residents objected to the camera installation alleging it invades their privacy, with claims that it captures inappropriate footage. Now, the first-floor resident is blaming you for damage to his walls and is filing complaints against you. Herein, so as to address the issue, you may firstly, file a fresh, detailed police complaint with evidence of the noise disturbances, such as sound recordings, and may inform about the issue to the apartment association present for mediation or settle the issue. While retaining the camera, you may clarify your stance on why such camera was installed, and position in such a way so as to not invade into the privacy of other residents. Additionally, you may also file a suit for defamation and defend yourself along with filing a suit for nuisance against you right to a peaceful living.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

- As per rule ,no structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected  or fence/installed /partition  put  up  on  any common  area  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. 

- Hence, legally you have right to install the camera only on ground floor and not first floor 

- You can file a complaint before the police against the nuisance created by the first floor , and if no response then lodge a complaint to higher officials of police. 

- You can send a legal notice to the owner of the first floor against that nuisance. 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

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