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Old 1st May 2010, 12:07   #1
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Default Neighbor causing a lot of trouble - What should I do?

We are living in our ndependent house for the past 10years. Right behind our house is a building that is completely commercially rented out to different tenants. One such tenant runs a garments export factory which has many sewing machines and punching machines that run daily from early morning till late night.

Our problem is, the noise and vibrations that gets emanated from these machines are directly entering into our living room, bed room and kitchen and are causing a lot of disturbances to us. Imagine living in almost a small factory like atmosphere from morning till night, daily. I complained to the owner of the building innumerous times, but the owner refuses to vacate the tenant stating that he would lose a rent of 15k if he vacates the present occupant and that he wouldnt be able to find a new occupant as there is no demand for the place.

Now what should I do?

I told him that he cannot operate something at the cost of other's peaceful existence. But being an uneducated man he is, he doesn't seem to understand the difficulties we face. We threatened him that we will file a FIR and take him to court, but he laughs-off saying that he would ask to stop the work for a day or two after the order and restart it again.

This has really become a perennial problem to us from which we would want to come out as soon as possble. We have never filed an FIR before or moved to court before. The sheer arrogance with which the owner speaks makes me wonder whether I will be able to find a solution for this.

I would like to hear from you, your suggestions or past experiences of how you dealt similar kind of situations. I would also like to know a few more legal details that I should know if I proceed legally. Any alternate routes to take are also welcome.

Last edited by CliffHanger : 1st May 2010 at 12:10.
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Old 1st May 2010, 12:25   #2
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Is it a residential area and does he have permissions to run a commercial business there? If not, you definitely have a case. But it would be easier if you have some contacts.
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Old 1st May 2010, 13:30   #3
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If I was you - i'd get sound insulation in the house and move on.

If you had contacts, you would've managed to shut down the business.
If they had a permit, it would not be in a residential area -> they have the contacts / it is a unauthorized colony -> you can't do anything.

I have lived with a similar situation for many many years. Grin and bear it!
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Old 1st May 2010, 16:58   #4
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@Cliffhanger - which place is it in Chennai? The question is who proves to have more power. But IMHO, I would go what Jaguar suggests. Reason? I don't hit anyone & I don't need to live in fear.

Just imagine this - I use power, make him relocate or ask him to invest for insulating, he takes it personal & waits for an opportunity OR the person who works as intermediate falls in love with your property, not only relocates the business, but also offers (forces) to sell your property. I know its too much negative, but can't stop thinking in these lines as I've seen such cases, like the old monkey & cat story sharing on a cake.

Just a stupid idea - why not consider befriending with him instead of fighting? Probably he might consider insulating the sounds by himself or you can offer for insulation?
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Old 1st May 2010, 17:12   #5
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Sound insulation for a room will block off all air ventilation.

So the other guy will not do it. Its a factory and its not airconditioned.
You will also have a problem in sound proofing your house.

However, If you raise your compound wall it may effectively put a barrier between the buildings. This may help.

Also if you have the space, then plant some trees in the gap. Creepers will also do. They help absorbing noise.

Can you put a rough sketch of your house and the neighboring building.
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Old 1st May 2010, 22:24   #6
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Is that a commercial building or shop? Vibrations entering into your living room..Are you sure? Any other residents getting affected due to this reason (possibly)?

How to Deal With a Noisy Neighbour - wikiHow

Get the pollution board number (just dial is one option)...make a oral/formal complaint about the noise pollution..generally they do not reveal details to the Company on complainant, but warns them to get down the sound levels. Mostly the first time they get away with some bribe or warnings...repeated Complaints with escalation indication to the authorities might help in longer term..Hope the decibels are not within the permissible limit
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Old 2nd May 2010, 00:58   #7
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First things first, is the commercial activity approved? Is the building a commercial building or residential one.The solution will depend on the answer.
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Old 2nd May 2010, 01:09   #8
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Don't want to irritate you. But when I read this, immediately the scene from the movie Pesum Padam (Pushpak) came to my mind. Remember, Kamal hassan records the sounds of the theater nearby and plays it in his a/c suite to grab some sleep. Just take it cool. Listen to some nice music or get yourself a great music system and sound proof your room. Some days down the line you might get used to the noise that you may want to record it just in case they decide to shut shop!

As long as he's got valid permits and is declared as a commercial rented property, don't think you can do much legally. Even then it takes a long time. Try to flex muscles, I'm sure he'd have bigger muscles to flex.
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Old 2nd May 2010, 01:13   #9
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Consult with Police or with a good lawyer. I am sure there is a law but nobody implements it.

It should be the business owner installing sound insulation, not you.
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Old 2nd May 2010, 01:27   #10
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@Cliffhanger - if you decide to fight, check this out on residential area noise decibel limit. Here's another article that could help you.

Last edited by aargee : 2nd May 2010 at 01:29.
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Old 2nd May 2010, 01:33   #11
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Quote:
Originally Posted by aargee View Post
@Cliffhanger - if you decide to fight, check this out on residential area noise decibel limit. Here's another article that could help you.
That's a good link you've given aargee.
Cliffhanger let us know how you solved this issue. Sadly the rules are good in India, but the implementation is poor. All the best.
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Old 2nd May 2010, 01:49   #12
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Just drop a bomb.................... no, bad idea, go to human rights, they could be helpful, cops fear them more than they love bribes
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Old 2nd May 2010, 02:42   #13
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Cool Contact your Pollution Control Board !

Environment (Protection) Act & Rules, 1986
The Noise Pollution (Regulation & Control) Rules, 2000
The Noise Pollution (Regulation & Control)(Amendment) Rules, 2010

Schedule III: Ambient Air Quality Standards (Noise)
Area Code Area / Zone Limits dB
Day Night
A Industrial 75 70
B Commercial 65 55
C Residential 55 45
D Silence Zone 50 40

Tolerance: 5 -10 dB / max.75 dB, whichever is lower
TNPCB: Tamil Nadu Pollution Control Board

Motor Vehicles Act, 1988 and the Aircrafts Act, 1934 are not useful.
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Old 2nd May 2010, 12:25   #14
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Surely your other neighbors are also disturbed by the sound? Form a group with them and then lodge a complaint - groups are usually more effective than a single person!

Good luck!
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Old 2nd May 2010, 12:42   #15
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If you have any contacts in media,or even in the newspaper just write to one of the newspaper anonymously. They will come click the photos. And will print it in the newspaper . Then you dont have to do anything . Once its on the local newspaper it will ring the bells all over the place. And the govt. guys dealing with encroachments and stuff like that will come in there and fix the things for you.
You dont have to lodge police complaint etc. See the trick is he might be able to get away with this and will restart his work after all the hiccups but he wouldnot mind soundproofing your house and paying for the work cause he knows if you can let media involve one time ,you can do it next time as well.
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