Commercialisation of residential apartment
Gayathri
(Querist) 28 November 2017
This query is : Resolved
Hi, im residing in a apartment that has five portions .Two flats are occupied by owner including me one is rented out and remaining two apartments are rented out to a middleman who inturn furnish the apartment and use it as service apartment for short time stays for the patients in near by hospital. It is booked by patient and relatives who are getting treatmetn and people from different parts of world occupies it for short time. Below is mh problem
1.the middle man to whom its rented out is taking care of maintanence of two flats
2. The common water supply he buys water and we pay him on konthly basis
3. Any plumbing or electrical works in common area he never allows us to recommend electrician or plumber . He will have his own household maintannece guys
We need to pay what ever amount he asks for
4. In case of motor problem he ararnges them water in tubs and leave us without informing stranded for water or does some very expensive temporary solution and demands us money
5. He never consults any of the house owners
6. There is no security person appointed from his side to monitor people moving in and out
7. People who are residing in service apartment doesnt even know english or ang indian language
8. They smoke within common areas inspite of us repeadeatly telling
9. They litter the vehicles parked in the lot
10. If we raise any concern to the majntanence guy he s verbally abusing
11. People stayin in service apartment uses chemical or medicine we dont know constant get unbearable odour which prevents us from opening the main door
12 we had raised concerns to respective owners . One person s in US he is not taking any action and otjer person residing near hy blindly supports tat maintanence guy bcoz of the good rent he is getting and he is also telling that its his apartment he will leave to tent for any one
13 wanted to know if i can legally evacuate them since they are using it for commercial purpose.
14. They have stored water cans in common area and selling it across other apartments
15. Will this service apartment comes under commercialisation
16. Can we ask them to evacuate sinecall other three families ate jot okay with it?
17. Will it be legally correct?
Gayathri
(Querist) 28 November 2017
In short though we oen apartment we feel like caged cannot take any decisin on maintanence part as he is more converned on money over quality and no security . And any concern raised is replied by verbal abusing . This is anooying, threatening and no peace of mind.please suggest on what could be done .tried with sorting this out in direct meeting with involved people that doesnt work
P. Venu
(Expert) 29 November 2017
The long list you have furnished needs to be weighed against facts to ascertain actionable cause, if any.
V R SHROFF
(Expert) 29 November 2017
though you bear nuisance; and is actionable in criminal court;
Bear reading indicate yours is neither a Flat in Co-operative Society, nor a Privately owned building.
You may object using the house as lodging / hotel Complaint to local authorities.
Talk to local Advocate , investigate your rights, Then act accordingly.
DR.VEDULA GOPINATH
(Expert) 29 November 2017
Please give me details of your written understanding as well as rental agreement copy to advise you further. The owners are having right to give notice and ask him to vacate. In case of any verbal use we can take legal action.
cs dr vedula gopinath senior lawyer and arbitrator vgnath@gmail.com
Dr J C Vashista
(Expert) 29 November 2017
Be brief and precise to get benefit of expert's opinion/guidance free of cost on this platform, otherwise, consult a local lawyer for proper appreciation of facts, guidance and proceeding.
