Harassment by the tenants who live in the flat above mine. Harassment by the tenants who live in the flat above mine.

9 months ago

There is a family who stays in the flat above mine. They are tenants, and constantly cause noise which disturbs me. Throughout the day I can hear their kids running, jumping, and slamming things along with the noise of shifting furniture. This is indeed very disturbing. Despite informing the society office and the owner of their flat, there is no action taken. What can I do in such a case?

Anik

Responded 9 months ago

View All Answers
A.Dear client,
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 pro­vided 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.

You can file a complaint under these sections of the IPC
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconStreet parking in residential colony
Dear Client, Try to resolve the matter among yourself. Firstly if its an apartment try to complaint to the apartment authorities . Harassment per se would not be a valid ground apt to the scenario, Y...
question iconWork money not paid
Dear Client, This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficia...
question iconCommon wall
Dear Client, Firstly please bring it to the notice of the apartment association if you live it in an apartment. Secondly communicate with your neighbours and learn as to what work is being done and...
question iconProperty joint way issue
Dear Client, Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
question iconVarsai & will
Dear Client, The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...