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Rights of the flat owner
6 months ago
Prolonged repair work in the flat above and the construction work disturbance - sound pollution , throwing debris and sleepless nights
A.Dear Client,
In the prevailing situation, if all attempts to resolve the issue either through the involvement of local administration or housing society, serve a legal notice to the flat owners staying above your flat and file a suit under Sec.268 IPC before the court of Judicial Magistrate against the flat owner who committed a public or private nuisance claiming damages and injunction. A person becomes guilty of 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. Consult with an Advocate for guidance and steps
In the prevailing situation, if all attempts to resolve the issue either through the involvement of local administration or housing society, serve a legal notice to the flat owners staying above your flat and file a suit under Sec.268 IPC before the court of Judicial Magistrate against the flat owner who committed a public or private nuisance claiming damages and injunction. A person becomes guilty of 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. Consult with an Advocate for guidance and steps
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A.Dear Client,
Review the agreement you have with the builder or apartment management. There may be clauses related to construction and renovation work in residential areas. Check for any provisions that restrict the timing and nature of such activities. Most cities in India have noise pollution regulations that restrict the allowable noise levels during different times of the day. Contact your local municipal authority or police department to check if the construction or repair work is in compliance with these regulations.
Legal action could involve filing a complaint with the local authorities, obtaining a restraining order, or seeking compensation for any damages.
Review the agreement you have with the builder or apartment management. There may be clauses related to construction and renovation work in residential areas. Check for any provisions that restrict the timing and nature of such activities. Most cities in India have noise pollution regulations that restrict the allowable noise levels during different times of the day. Contact your local municipal authority or police department to check if the construction or repair work is in compliance with these regulations.
Legal action could involve filing a complaint with the local authorities, obtaining a restraining order, or seeking compensation for any damages.
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