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Neighbor Harassment Neighbor Harassment

7 months ago

For over a year now, we've been experiencing persistent harassment from our neighbor. We reside in a community with three adjacent flats on our section of the floor. We rent two of these flats, while the third belongs to this troublesome neighbor. Our household is a joint family with five children, so there is inevitably some noise. Despite her having complained 2-3 times, we've tried our best to keep it down. However, we can't always control the noise children make, especially during festivals and other special occasions. Regrettably, this neighbor's response to our noise has been extreme. On almost every festive or auspicious occasion, she either throws a bucket of water or mud onto our corridor. My mother even approached her, asking her to communicate her concerns rather than resorting to such actions, but she remains uncooperative. We are truly frustrated. Given our middle-class background, hiring an expensive lawyer is not something we can afford. This neighbor is quite audacious, and it seems she is willing to go to great lengths. We fear that she might even file a false case against us. This is why our family is living in fear. Can someone please offer assistance?

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
Community living requires both adjustment and a compromising attitude between the neighbors for peaceful co-existence. When such a desired environment of peaceful living is affected for the lack of compromise or adjustment attitude of the next-door neighbors, then you can seek the involvement of committee members of the existing society who may resolve the dispute or difference between the residents through mediation or counseling. Failing which, you need to resolve the issue through Court by filing a suit against the errant neighbors for the commission of public nuisance under Sec.268 of IPC. The cost of the suit and time of disposal depends upon the complexity of the case, so unpredictable. You can opt for free legal aid services under Section 12 of the Legal Services Authorities Act, 1987. As per Sec.12(c) of the Act, a woman and a child are eligible to get free legal aid for any kind of litigation. Accordingly, a woman family member can make an application seeking free legal aid service to the Secretary, District Legal Services Authority having its office in the premises of the District Court or the Sub-Divisional Court to redress the grievance or dispute of any nature. On receipt of an application, the authority (DLSA) appoints an Advocate from their panel to represent your case before the respective court to access the desired relief.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 7 months ago

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A.Dear Client, keep a detailed record of all incidents related to the harassment, including dates, times, and what happened. This documentation can be valuable evidence if you need to take legal action. If the issue persists and you have documented evidence, you may consider sending a legal notice through a lawyer, demanding that your neighbour cease their harassment. A legal notice may help convey the seriousness of the situation. Contact your local municipal authority or housing association to see if they can mediate or take action against the neighbour based on community rules and regulations. If the harassment continues, you may need to file a police complaint. Provide all the documentation and evidence you've collected. The police will investigate and take appropriate action based on the evidence.
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