Noisy Upstairs Neighbour
3 years ago
Can anyone suggest and guide me -
We live in an apartment, on the 4th floor, the family living right above us(5th floor) are very inconsiderate.
They let their kids run around i,e Jumping around and dragging around a wheel walker thing at odd hours say 10pm onwards.
I talk to them regarding the noise but they denied twice.
Thereafter i called the Building Management to assist in the matter to which they denied of having kids.
For the third time I write an application to the Management stating the matter wherein i mention that noise start from Quiet hours say 10 pm.
Looks like they take it in the wrong way, instead of finding mutual ground or agreement i should say, the noise start from 10 pm. I don't know what to do at this point, being inconsiderate and not teaching and guiding the younger generation about basic manners and etiquette but rather using it as a shield to get away from the society's rules and regulations is strange.
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.
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. 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. If you find this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Section 268 of the Code states that a person will be guilty of public nuisance if he has caused annoyance to the public. It is no defence that the injury was caused to obtain any advantage. Further, if there is noise after 10 p.m, you may contact the local police and they will give your neighbour a warning.[3] If this does not work you may file a case under Section 290 of the IPC and they will have to pay a fine of Rs. 200. If you find this helpful, please rate us.
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