Commercial use of residential flat
ravi
(Querist) 20 March 2015
This query is : Resolved
One of our neighbour (residential flat) running coaching class which make lots of noise and parking issues in society. also unknown people started coming in society.
I have made complaint to assistant registrar (co.op. hsg. soci.) (Maharashtra-Panvel 410206) for advising society to restrict such commercial use of residential property. Assistant registrar formally replied in writing that this issue does not comes under his powers and he has no role to play.
Please guide me, where to make complaint to stop this illegal activities in society.
Note: Society has given permission to run coaching class.
Dr J C Vashista
(Expert) 21 March 2015
Issue legal notice to the neighbor, society, municipality and RCS followed by writ petition.
Rajendra K Goyal
(Expert) 21 March 2015
Try to have the matter sorted out amicably with the help of society management. If not possible, send notice.
ajay sethi
(Expert) 21 March 2015
is your neighbour also residing in said flat ? or it is used only for coaching classes . please clarify
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
You have a complaint against your neighbor for nuisance and noise pollution alone. You may either inform the neighbor about controlling this or approach police/municipal authorities with a complaint.
malipeddi jaggarao
(Expert) 24 March 2015
Take up in the Society meeting about the nuisance due to permission granted by the society and ask them to withdraw the same or settle the matter to your satisfaction.
ravi
(Querist) 26 March 2015
Thank you all for your valuable inputs.
Here r the answers of the queries raised..
1. I have already approached to municipal authorities, according to them they can look only the issue limited to municipal tax and nothing else.
2. Have already requested neighbour to not to do nuisance and noise pollution also parking problems. but he has Threated and abused due to the nature aggressiveness of the flat owner all other members are keeping away themselves from this issue and tolerating. Many of the times he comes drunk in night and start shouting loudly.
3. Flat owner himself staying in flat and his wife running classes.
4. Society committee members are also don’t want to get involved as the person is belongs to rich family and having political background.
Hemant Agarwal
(Expert) 30 May 2015
INTROSPECT ON THIS : Non-Residential Usage of Residential Flats
1. Professionals: = Doctors, Engineers, Architects, Lawyers, Chartered Accountants
means "Statutory Recognition of the Profession"
2. Professional work is .NOT. equal to Trade / Commercial work
Yoga, Tuitions, Dance, Sewing, Cooking classes are .NOT. recognized as a Profession by the Statute.
3. While personally residing, "PART" portion of flat, can be used by Professionals for carrying out their profession, WITHOUT ANY EXTRA CHARGES, WHATSOEVER.
4. WITHOUT residing, "FULL" flat, can be used by Professionals for carrying out their profession, BUT commercial rates of Electricity and Taxes are applicable. No extra charges, whatsoever, can be levied by the Society.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 30 May 2015
Mr. Ravi,
When you say, "person belongs to rich family and having political background," but still his wife has to undertake tutions of children, that becomes quite indigestible and looks like a fabricated or aacademic query.
Again, when you say, "Society committee members also don’t want to get involved as the person is belongs to rich family and having political background," what is the use of such a weak management committee elected by you members? WHY DON'T YOU BECOME THE SECRETARY OF THE SOCIETY AFTER GETTING ELECTED AS MEMBER OF THE MC? The members of the society would definitely like you to see you as the secretary of the society, when you admit that "due to the nature aggressiveness of the flat owner all other members are keeping away themselves from this issue and tolerating." After your election as the secretary, you can withdraw the pemission, as granted by the society.
Good luck!
Guest
(Expert) 30 May 2015
Dear Hemant Agarwal,
You have stated, "Professional work is .NOT. equal to Trade / Commercial work
Yoga, Tuitions, Dance, Sewing, Cooking classes are .NOT. recognized as a Profession by the Statute."
Can you please clarify whether activities like, "Yoga, Tuitions, Dance, Sewing, Cooking classes" fall within the scope of trade and commerce by any Statute when the person undertaking such activities also resides in that house/flat? If so, you may like to quote the statute for the knowledge of the members.
Hemant Agarwal
(Expert) 31 May 2015
Kind Attention: Shri PS Dhingra,
YOU asked "Can you please clarify whether activities like, "Yoga, Tuitions, Dance, Sewing, Cooking classes" fall within the scope of trade and commerce by any Statute .... "
1. I request you to point out the relevant portion of my reply wherein I have stated that "activities like, "Yoga, Tuitions, Dance, Sewing, Cooking classes" fall within the scope of trade and commerce"
2. However to introspect and in lieu of your broad query, kindly prefer to read the "Shop & Establishment Act",
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 31 May 2015
Dear Hemat Agarwal,
2nd point of your last day's reply states as follows:
"2. Professional work is .NOT. equal to Trade / Commercial work
Yoga, Tuitions, Dance, Sewing, Cooking classes are .NOT. recognized as a Profession by the Statute."
Can you please clarify what was intended to be conveyed by you by that sentence, as in the fist part you have stated, "Professional work is .NOT. equal to Trade / Commercial work" and in the second part you have stated, "Yoga, Tuitions, Dance, Sewing, Cooking classes are .NOT. recognized as a Profession by the Statute." That is why I asked for clarification, as that sentence seems to give dual meaning.
Also, please intimate, which specific section of the Shops & Establishment Act you want me to read to make your point clear.
