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Gym above the house creating a lot of noise want to take legal action
18-Jul-2023 (In Civil Law)
How to stop gym activities permanently
Hi, You may try to discuss with the gym owner on the noise which is creating lot of disturbance. Check whether other neighbors are also facing the same issue. If it so then a memorandum of complaint may be filed with the jurisdictional police station and also with the State Pollution Control Board.
If the above doesn't yield any solution then a civil suit can be filed under the Law of Torts for creating Public Nuisance in violation of the rules prescribed by the Noise Pollution ( Regulation and Control) Rules, 2000 and the damages for the same can be claimed. Under Art.21 of the Constitution, the citizens have a right of a decent environment and they have a right to live peacefully ,right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Art. 21 of the Constitution. Let me know if you need any further help.
If the above doesn't yield any solution then a civil suit can be filed under the Law of Torts for creating Public Nuisance in violation of the rules prescribed by the Noise Pollution ( Regulation and Control) Rules, 2000 and the damages for the same can be claimed. Under Art.21 of the Constitution, the citizens have a right of a decent environment and they have a right to live peacefully ,right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Art. 21 of the Constitution. Let me know if you need any further help.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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How to File a Harassment Complaint Against a Neighbour
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
• Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.
• Harassment Through Mischief
When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –
1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
2. You can file suit for declaration and mandatory injunction in a civil court as well.
3. You can claim damages in the same suit.
Is Calling Police an Option?
Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.
• Harassment Through Nuisance
You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.
Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.
• Harassment Through Mischief
When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –
1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.
2. You can file suit for declaration and mandatory injunction in a civil court as well.
3. You can claim damages in the same suit.
Helpful?
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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If you are owner of the house you are residing in, then it is a nuisance to you and it violates your right of peace. You bave to file a civil suit for stopping the same. If you are residing in Bangalore you can ask my contact from Lawrato.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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