India is a nation with a large population. Since many people live in flats or duplexes with shared walls, it’s not uncommon for you to have disagreements with your neighbours about issues pertaining to your home.
It could be any sort of problem. For example, if you have a sound problem or a late-night party, etc. When the condition becomes severe, it might be necessary to file a complaint. Here, in this article, Advocate Viraj Patil who is one of the best advocate in Navi Mumbai, India from “ParthaSaarathi legal consultancy and dispute resolution firm”, will discuss about the choices open to anyone who is being abused by their neighbours.
Should I Call The Police?
Yes, if your neighbour harasses you, you have the option of calling the cops. You can contact the police and officers will respond to the location you specified during the phone call. They will arrive on the scene and ask you about the issue before taking action against them. When they arrive on the scene, you should have enough evidence to show the abuse by neighbours.
Harassment in the Form of Nuisance
You can live in an apartment or a duplex, and when you hear noisy music coming from your neighbours home, you try to avoid it as long as possible, but such noise may make life difficult at times. Section 268 of the Indian Penal Code defines this form of nuisance.
An individual is guilty of a public nuisance when he does any act that causes harm, threat, or inconvenience to the public or people in general who reside or occupy the property in the neighbourhood, according to Section 268 of the Indian Penal Code.
The penalty for nuisance is specified in Section 290 of the Indian Penal Code, which is only Rs. 200, but the court has far more power.
In reality, calling the cops is the most successful solution since the nuisance is likely to stop after a couple of visits from the cops. In severe cases, police can seize the instruments used to cause annoyance, such as loudspeakers or sound boxes, drones, cameras, or other similar devices.
Harassment Through Mischief
You share a common wall while you live in a duplex. If your neighbour begins construction in that common wall, you do not have the legal right to stop him because it is his legal right, but if your property is damaged as a result of the construction, you can ask him to compensate you for the loss you have suffered. If your neighbour refuses to pay you the amount, you can do the following-
- File a case under Section 425 of the IPC, which states that whoever has a right to a common wall has a right to a common wall.
- In a civil court, you may even seek a declaration and a necessary injunction.
- You can file a lawsuit for damages in the same case.
ParthaSaarathi legal consultancy and dispute resolution firm has the best advocate in Navi Mumbai who can help you out in such scenarios.
If you live in an apartment and park your car in the parking space allocated to you, and you find that the space has been occupied by someone else, you can simply ask the individual to vacate the parking space he is occupying, but if he refuses to do so after being informed or warned several times, it would be considered criminal trespass.
A variety of cases have been reported to the police in which a neighbour who was most trusted and who was never supposed to do anything of the sort committed sexual abuse of different types, including:
- Making suggestive remarks
- Intimidation by Staring
- Trespassing for the purpose of sexual assault
- Even the installation of cameras in a neighbour’s house to monitor activities.
“You can file a complaint with the local police if you are subjected to this form of abuse by your neighbour. The best way to do this is to dial 100 and tell them about your dilemma. It is important to gather and protect information before handing it over to the police.”- Says Advocate Viraj Patil who is one of the best advocates in Navi Mumbai.
ConclusionHarassment is becoming a very common problem in India these days. People in India are subjected to a variety of forms of abuse, including mischief, trespass, nuisance, and sexual harassment. Various regulations have been enacted to address various forms of abuse. If one wishes to obtain justice, he must adhere to the rules in order to do so.