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Humming from AC is not nuisance: HC

mumbai Updated: Sep 06, 2010 02:29 IST
HT Correspondent
HT Correspondent
Hindustan Times

Better shift your office to somewhere else if, slight vibrations and continuous humming sound emanating from an air-conditioning system placed on top of your office-- by somebody else - annoys you.

The Bombay High Court held that slight vibrations and humming did not amount to nuisance while rejecting GMM Pfaudler’s plea to restrain TATA AIG Life Insurance Company from using their air-conditioning plant consisting three chillers.

TATA AIG has put up the air-conditioning plant on the terrace of Peninsula Tower at Lower Parel – just above GMM Pfaulder’s office premises.

GMM Pfaulder had moved court contending the plant was causing nuisance because of vibration and noise emanating from it.

They had also contended the vibration had caused cracks in the walls and the ceilings of their office and it was a threat to the safety and stability of the building.

The bench of Justice Roshan Dalvi, however, found the noise and vibration emanating from the chillers would cause such “undue annoyance and disturbance to the plaintiff (GMM Pfaudler) as would constitute an actionable tort of nuisance.”

Therefore, instead of restraining TATA AIG from using the plant, Justice Dalvi suggested GMM Pfaudler to shift their conference room, where the noise was allegedly more disturbing.

“The alleged noise or vibration could be taken care of by shifting the plaintiff’s conference room where the directors and the managers may require to contemplate and work on important decisions to a room where there is no prominent, notable disturbance,” said the judge.

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