I live in an Apartment community in Bangalore in a flat that I own. I live on the third floor of the building but I'm having some issues with the residents of the 4th floor. The tenants who reside on the 4th floor deliberately make a lot of noises on a daily basis so much so, it is affecting my liveability in my own house. This has been going on for several months; I've even repeatedly requested them to control these noises but it is continuing unabated. I've taken up the matter with the Apartment owner's association to intervene and even filed a formal complaint. I've repeatedly requested the association to take strict action and issue a warning to the tenants of the 4th floor. But they are not complying to my request and keeping mum on the subject. The association members have colluded with the tenants of the 4th floor to deliberately cause these noises with a malicious intent to disturb my peace of mind that has caused my stay in my own house very distasteful. I want to take legal action against the association for their stand on this matter and even file a lawsuit. As a mark of protest I've discontinued paying the full maintenance for my flat until this issue gets addressed and resolved. I want to know what my options are. Can I file a lawsuit against the apartment association for inaction and non-compliance? Will my case hold water in the court of law? I want to recover monetary damages from the association for failing to act against the tenants of the 4th floor that has rendered my stay in my own house distasteful. Could you advise?
A.Dear Sir,
You have to get issue a legal notice to the Association and to the concerned trouble giver. Thereafter, try to approach Civil Court and get appropriate remedies. In the recent days there are several issues being created by the executive members of housing societies but nobody ready to check them by approaching the courts and police stations.
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