I am a resident of a Co-operative Housing Society residing in Mumbai and have been having problems dealing with an extremely noisy, insensitive neighbor when I chanced upon your articles and solutions on the net. My husband has now decided to finally formalize this complaint by writing to the society.
One apprehension we have is that no action will be taken as the nuisance causing gentleman is a committee member and is not known to be of a good reputation. In case the society fails to take action or find a solution to the problem. I would like to know who we can approach so that this matter can be taken up.
The nature of complaint is tricky as it can be seen as us being hyper-sensitive or over-reactive to the continuous stray noise of moving heavy furniture, children running up and down inside the apartment, pounding etc. And all these start as early as 0500 am and as late as midnight (including children running around).It bothers us as we have a four month old baby and he gets disturbed and has a restless night as well as a disturbed day when we try to put him to sleep.
I will appreciate if we can get some way forward on this at the earliest.
I C Naik
This is social conduct issue, not a legal issue. If at all a legal issue the jurisdiction is with the Committee first. Committee’s functioning is as laid down in the Bye laws. Following bye law is somewhat close to the conduct of a member described by you.
50 (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 suo-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. 50(a) forthwith.
Option to make Committee act on your complaint is a bit long drawn, you may however try.
1.Make a complaint and see if committee advises the member.
2.You need to muster a support of 20% or more number of meme law No 50 (a) and shall be liable to Rs 100 per day penalty.
3.In the meeting of course such matters generally get carried with majority in a fairly ok society.
4.If 50% member does no support your resolution then leave the Society.