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Nuisance created by neighbour
If a neighbour living right above us disturbing continuously by moving furniture’s and dropping heavy stuff on his floor. What action should be taken against him
( West Delhi, Delhi )
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A.
Dear Client,
In the given scenario, if the problem is not resolved on mutual understanding or approaching society if exists in the housing complex, then you can file a complaint against your neighbour before the Public Grievance Cell, set up in the office of the District Magistrate or SDM concerned to resolve the issue and failing which, you can make a private complaint against your neighbour in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult with an Advocate for guidance and steps.
In the given scenario, if the problem is not resolved on mutual understanding or approaching society if exists in the housing complex, then you can file a complaint against your neighbour before the Public Grievance Cell, set up in the office of the District Magistrate or SDM concerned to resolve the issue and failing which, you can make a private complaint against your neighbour in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult with an Advocate for guidance and steps.
A.
Dear Client,
If your neighbour is disturbing by making noise, then one should report the issue to the police station of your district or one can serve the neighbour with a legal notice. If the noise continues, then the remedy is to approach court with a civil action for nuisance or complain under the Noise Pollution (Regulation and Control) Rules, 2000. The other option is mediation, which means you can talk to your neighbour regarding the problem or can even involve some local authorities or building management. Write down the specific incidents, including dates and times, in case you need to present evidence in a court case.
Hope this answer solves your problem.
If your neighbour is disturbing by making noise, then one should report the issue to the police station of your district or one can serve the neighbour with a legal notice. If the noise continues, then the remedy is to approach court with a civil action for nuisance or complain under the Noise Pollution (Regulation and Control) Rules, 2000. The other option is mediation, which means you can talk to your neighbour regarding the problem or can even involve some local authorities or building management. Write down the specific incidents, including dates and times, in case you need to present evidence in a court case.
Hope this answer solves your problem.
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