HARASSMENT AT REGD CO-OP HSG SOCIETY BY CONDUCTING BUSINESS
Kashyap Vyas
(Querist) 05 August 2009
This query is : Resolved
Dear Sir/Sirs,
Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 , Premnagar No. 5,Co-op Hsg Society Ltd,
Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area.
REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89
I Kashyap Vyas the members of Premnagar Bldg. No.5 Cooperative Housing society hereby desire to stop any kind of Commercial Activities from our Residential premises with immediate effect. The owner of Flat No. A-004 Mr Jaswant is conducting business under name & style Jaswant & Company infact from 2005/06 ; almost since last 4 years. Initially we had no problem as business activities were relatively on smaller scale or say limited so it was not objected. But now business is being carried out in full swing from the above named residential premises. I stay at Flat no. A-003 had been verbally protesting for horrible Nuisance and Irritation since last 2 years ; had been lodging oral complaints to Secretary Mr Nitin, Mr Rajni Gandhi a senior Member of Society ( not committee member) and Mr Jaswant owner of Flat no.A-004 but Nuisance is continued as a usual schedule.
Even I had given 2 complaint letter to The Secretary & Managing Committee on 13/06/2009 and 16/06/2009 .But to our surprise no action is taken by The Secretary & The Managing Committee even though being vested with full power , authorities by members of Society. (The members of co-op housing society). The contents of letters is reproduced below for your reference ;
“My family is undergoing very awful and nasty situation since last more than 2 years due to full-blown and total business activities being conducted by owner Mr Jasubhai from Residential Premises at Flat no. A- 004.
I hope the Managing Committee would give very …….straightforward And ……..transparent Reply to my following questions :-
? Can any Member conduct business activities from Residential Premises causing Nuisance , Annoyance to other Members without taking permission from Local Authority or Society Authority ?
? Has Mr Jasubhai has been authorized by Society and Local Authority ? If authorized please show me any such consent letter. ?
? Even if any such permission is granted or obtained ( by illegal route) at Residential Premises the same can be treated as annulled Ab - Initio ( Invalid from beginning) on objection or protest expressed by any just A Single Member of Society. I want very expert and honest view of Managing Committee & all Office Bearers on this issue ?
? Under circumstances if business is conducted unlawfully and illegally why Society Authorities does not compell to stop such commercial activities ?
? Last question to all members of Managing Committee And Members of Society ; will you allow any such problem creating activities nearby your Place of Residence ? Please give me specific reply YES OR NO ?
I request you to please stop commercial activity at above named flat no A-004. It is causing lot of disturbance to my family since last 2 years. Daily at odd Hours whether morning---afternoon --night or late night some kind of activities is always on ; daily people in large numbers are visiting the premises causing horrible disturbance. Large numbers of strange people are always there to have close look into my Drawing Room. Why we live at Residential Regd Co-Op Hsg Society ? We want some kind of law & order ; we want com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 June 2010
It is a criminal offence under the Mah rent control act since no commercial activites can be done in residential area.
Your society or you can file criminal case.
Kashyap Vyas
(Querist) 18 June 2010
Thanks for your guidance.Can you please explain and clarify the matter with Mumbai High Court and/Or any other apex court judgements. Since Me and My family is suffering a lot since last more than 15 Months. Even BMC has issued to notices including final 15 days notice to criminal member Jaswant Jain.
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Kashyap Vyas
