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Commercial activity in residential appartment

(Querist) 03 July 2016 This query is : Resolved 
Dear sir , we are facing the below mentioned problem at our 4 floor apartment as shakarpur Delhi.

1. Commercial activity selling electrical CCTV camera and other item at ground floor which lead to roaming of people in our apartment,

2. Window Air condition installed which cause lot of heat air at stairs and coming to our flat,

3. one window air condition installed at shaft which also cause lot of hot air which increase the temperature of our room and stairs.

In last 2 years 2 times theft already happen in our apartment.

What to do how to stop this commercial activity , how to get remove this Air conditioner from Shaft

Regards
Pratik Jain
9953110928
adv.bharat @ PUNE (Expert) 03 July 2016
Have your society is formed?
If yes then conduct AGM and decide that no commercial activity is not allowed in the society. Thus give notice to them for not doing such activity in society.
Try to convince them why you want to remove that AC from that place.
R.K Nanda (Expert) 04 July 2016
Contact local lawyer.
Rajendra K Goyal (Expert) 04 July 2016
Whether commercial activity is allowed / has permission from authorities at the ground floor in the area ?

Whether society has permitted the same?

Take up the matter with society regarding window AC.
Pratik Jain (Querist) 04 July 2016
No permission granted in this apartment 5 out of 9 flat belong to them and their relative, so they do dominate other. No society formed,

Where to complaint ?
Dr J C Vashista (Expert) 07 July 2016
@ Pratik Jain,
Your apartments are not governed by Delhi Cooperative Societies Act, 2003; Delhi Cooperative Societies Rules, 2007.

Prima facie these are builders apartments, as may be presumed, which you have failed to disclose and explain.

Provisions of Delhi Apartments Act do not allow any commercial activity (which has not been disclosed by you).

Approach Commissioner East Delhi Municipal Corporation giving all details through a local lawyer.
T. Kalaiselvan, Advocate (Expert) 10 July 2016
You may follow the suggestion made by expert Dr. JC Vashista Sir in this regard.


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