Query from Krishna Das

We are resident of Thane, Maharashtra and staying in the building from past 12 years. My flat is given on L&L by the owner a few years ago. A few months back a new tenant shifted to the above flat and they have kid too.  Most of the days we are sleepless night due to sound, they made by dragging chairs, hitting on the floor its go on after 12 at night.

Once or two time we personally went and requested the tenant but no use, nuisance continue,

Thrice I requested the house owner too but he is not co-operating so that also not materialized, finally I have given a written request to the society to look in to it.  After 15 days no response received from society end.

Last week from morning 5 am onwards, started making sound from above flat, we tolerate

Up to 8 AM finally called the watchman and told him to request them to stop the sound its

Unbearable. Even they abused the watch man too.

After some time the owner of the flat wrote in our building wattsapp group in defaming me,

Due to my disturbance they are shifting to other building, the sound is because of furniture

Shifting.

I express my problem in the group, after some time he told the group admin to add

His wife to the group. She added to the group and started blaming me an defaming and abusing me , telling the people she has the good relationship with the building etc. yes I later understood that

Some committee members are silent to my complaint, even not bother to stop her abusing because of their friendly relationship.

We are traveling four hrs every day, after coming from office we normally go to sleep at 10.30 PM, and my kids have to go to school in morning shift.

This kind of people making our life difficult and sick.  The owner of the flat telling that no one can adjust their sleeping time according to ours and there is no rule as such.

Now I don’t want to approach society next time if the same nuisance repeats because there are not going to do anything.

Humble request how can I resolve the same, and how to stop this kind of defaming in public forum. Its disturb my family also

I C Naik

There are certain disciplines by members specified in registered bye-laws of every society. For example Model 1984 has one Bye-Law no 58 which appears to curb the practices faced by you.

“(a) No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the society or carry on practice which may be repugnant to the general decency or morals of the members of the society.

(b) It shall be competent for the Committee either sou-moto or on receipt of the complaint from any member, to take steps to stop all such practices referred to in the bye-law No. 52(a) forthwith.”

All LL agreements are subject to provisions in Bye-Laws which the tenants may not be aware.

What you can do is to write a letter to the Hon. Secretary copying the above bye-law No. 58 and point out that the Management Committee must take steps to stop all such practices causing nuisance, annoyance or inconvenience to you”

If you are really exhausted you can also give a threat that you will approach the District Consumer Grievance Redressal Forum in case no action is taken by the society.