Nuisance noises from upstairs
2 months ago
I am a resident owner of a flat in 1st floor. 2nd floor flat owner always makes heavy noises of jumping, running, hammering, thumping throughout the day. Multiple times I have informed in society what’s app group to stop but it is not stopped. Already filed complaint in MyGate app used for the society, Fascility manager never bothered to look into my ticket. I personally visited Fascility manager office and informed and shared the sounds recordings then also he didn’t take any action against the matter.
I also informed one of the Governing Body member then she denied saying she is not looking into residents problem as she is a treasurer. I want this nuisances of making noise to stop but finding it hard to live here. Any legal action can be taken then please do let me know.
A.Dear Client,
To address issues within a cooperative society, the following steps can be taken:
1. Submit a written complaint to the Secretary of the Society and obtain an official receipt. If the society refuses to provide an official receipt, send the complaint by registered post to enhance its evidentiary value.
2. If the complaint is not resolved within 15 days, file a complaint before the Registrar or Deputy Registrar of the Society. Attach a copy of the complaint made to the Secretary for resolution. If necessary, escalate the complaint to the Cooperative Court seeking appropriate relief.
Concerning the issue with the owner of the second-floor flat causing public nuisance:
1. Serve a legal notice to the owner of the second-floor flat outlining the grievances.
2. If the issue persists, file a civil suit against them under Section 268 of the Indian Penal Code (IPC) for public nuisance.
Different from public nuisance, private nuisance is a tortious act affecting specific individuals. Remedies for private nuisance include civil action for damages or an injunction. Any unlawful act or omission endangering or threatening a person or their property constitutes a private nuisance. Penalties for private nuisance can include a fine, extending up to 200 rupees. If the defendant continues the act despite lawful authority involvement, further legal action may be pursued.
To address issues within a cooperative society, the following steps can be taken:
1. Submit a written complaint to the Secretary of the Society and obtain an official receipt. If the society refuses to provide an official receipt, send the complaint by registered post to enhance its evidentiary value.
2. If the complaint is not resolved within 15 days, file a complaint before the Registrar or Deputy Registrar of the Society. Attach a copy of the complaint made to the Secretary for resolution. If necessary, escalate the complaint to the Cooperative Court seeking appropriate relief.
Concerning the issue with the owner of the second-floor flat causing public nuisance:
1. Serve a legal notice to the owner of the second-floor flat outlining the grievances.
2. If the issue persists, file a civil suit against them under Section 268 of the Indian Penal Code (IPC) for public nuisance.
Different from public nuisance, private nuisance is a tortious act affecting specific individuals. Remedies for private nuisance include civil action for damages or an injunction. Any unlawful act or omission endangering or threatening a person or their property constitutes a private nuisance. Penalties for private nuisance can include a fine, extending up to 200 rupees. If the defendant continues the act despite lawful authority involvement, further legal action may be pursued.
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A.Dear Client,
In the given scenario, you need to put up a written complaint to the Secretary of the Society and take an official receipt of that complaint (If the society refuses to give any official receipt, the complaint may be sent by registered post to enhance its evidentiary value). If the complaint is not attended or resolved within 15 days of receipt of the said complaint, file a complaint before the the Registrar or Dy. Registrar of the Society attaching the copy of the complaint made to the Secretary of the Society for a resolution in the matter failing which you may escalate your complaint before the Cooperative Court seeking appropriate relief. Additionally, after serving a legal notice to 2nd-floor owner of the flat, file a civil suit against them under Section 268 of IPC for public nuisance. Unlike public nuisance, a private nuisance is a tortious act affecting some particular individual or individuals as distinguished from the public at large. The remedy in an action for private nuisance is a civil action for damages or an injunction or both. Any unlawful act or omission that endangers or threatens a person or his property, in particular, is referred to as a private nuisance that attracts a penalty of a fine which may extend up to 200 rupees. In the event of the defendant continuing the act despite involvement of a lawful authority. If required, reach out to an Advocate for guidance and steps.
In the given scenario, you need to put up a written complaint to the Secretary of the Society and take an official receipt of that complaint (If the society refuses to give any official receipt, the complaint may be sent by registered post to enhance its evidentiary value). If the complaint is not attended or resolved within 15 days of receipt of the said complaint, file a complaint before the the Registrar or Dy. Registrar of the Society attaching the copy of the complaint made to the Secretary of the Society for a resolution in the matter failing which you may escalate your complaint before the Cooperative Court seeking appropriate relief. Additionally, after serving a legal notice to 2nd-floor owner of the flat, file a civil suit against them under Section 268 of IPC for public nuisance. Unlike public nuisance, a private nuisance is a tortious act affecting some particular individual or individuals as distinguished from the public at large. The remedy in an action for private nuisance is a civil action for damages or an injunction or both. Any unlawful act or omission that endangers or threatens a person or his property, in particular, is referred to as a private nuisance that attracts a penalty of a fine which may extend up to 200 rupees. In the event of the defendant continuing the act despite involvement of a lawful authority. If required, reach out to an Advocate for guidance and steps.
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