Neighbors Coconut Tree's coconut falling & breaking our cars glass repetitively
10 months ago
Our Neighbors Coconut Tree has continuously falling coconuts which fall on our Car glass and damage it repetitively. How can we claim damages because he claims it not to be his fault1 But the coconut Tree is clearly within his premises
A.Dear Sir,
How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance 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.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts.
You can first send them a legal notice . If this does not work then inform the local authority in writing. If everything fails file a civil suit.
Thanks and Regards
In the absence of direct involvement of your neighbor in damaging the glass of your car, he cannot be held responsible for the same. Moreover, as per the M V Act, 1988, your vehicle is already insured and on the claim, Insurer has to settle the claim for compensation for such damages. You can not claim compensation for the same damage from both.
You can file a nuisance case u/S 143 & 133 CrPC. Section 133 of CrPC allows the magistrate to order the removal of the nuisance-causing agent or activity from the locality. You may also contact the municipal corporation for further queries.
Government Land Occupying
Balcony extension
Digging borwell infront of my house without permission
Property documents
Right over mother's ancestral property
