noisy neighbor
5 years ago
Sir., Good morning My neighbor has become a Noisy neighbor by whirring of kitchen appliances,Beating of vessels,Throwing of vessels from stove top shelf to ground tub kept for uncleaned vessels,Running mixer Grinder after 11:00 Pm,All works ends around 12:45 Am through the night causing Sound,Health hazards and disturbing sleep in night,It effects our mind,Comfort,Health,Peace of Liberty,It is not less than a mental torture leads to health loss,We all family members can't sleep because of such Nuisance.When Law is there To Right To Sleep.It Breaches Human Right to Live In Peace and Tranquility...I donot know how to prove the sound which exceeds more dbs in night,one press reporter is supporting in police station.kindly let me know how to take action legally. flushing out toilet water on road it reaches in front of my house,throwing garbage at the side of my house.
All said and done as we are developing and evolving our sense and sensibilities are reducing and intolerance towards our fellowmen are growing up and that is giving rise to noise neighbours who do not care about the sleepy baby or sick old man in the other house.
So, what can we do the the neighbour is extra loud and does not listen and calm down. There is a law called "law of torts" and under that law one can file a case in civil court seeking relief from the court from such kind of nuisance and the court has the power to grant relief.
Then there are other criminal provisions under which the noisy Neighbours can be booked like;
Section 268 in The Indian Penal Code
268. Public nuisance.—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.
Section 290 in The Indian Penal Code
290. Punishment for public nuisance in cases not otherwise proÂvided for.—Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.
ROBERT D ROZARIO
Responded 5 years ago
Alternatively you can lodge a complaint with the local police and file a complaint u/s 144(2) CrPC before the Executive Magistrate and get ex parte order restraining the opposite party from causing any nuisance and breach of peace. This order is effective for 60 days.
Contact a local lawyer from Vidhikarya for filing the petition.
Viswanath M K
Responded 5 years ago
Anonymous
Replied 5 years ago
Sir.,Burden of proof lies with me to prove the sound how to prove ?
with regards
Viswanath M K
Replied 5 years ago
You can include any witnesses to prove your case. However, the point is this :
If the nuisance persists, it is easy to prove. On the other hand, if the nuisance stops on you filing the suit, there is no necessity to prove.
Nobody is going to abstain from their activities on receiving a legal notice. A police complaint is a one day affair and easy to handle. It will only increase your problem.
This is earnest advice from me, based on practical realities.
Deepak Yashwantrao Bade
Responded 5 years ago
Neeraj Kumar
Responded 5 years ago
First talk to them very politely about the discomfort you are facing because of them. Even if they don't control over themselves then let them know about the laws by sending a Legal Notice.
Namitabh Kothari
Responded 5 years ago
1) File Civil Case against the noisy neighbour and take injunction order against him for causing harassment in the night time
2) If there are other neighbours who are also victims of the noise harassment along with other issues, then you can file criminal complaint against the noisy neighbour for public nuisance and mischief.
3) The third remedy would be filing complaint to the Local Municipal Corporation for flushing toilet water on road.
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