Use of residence for commercial purpose
KK
(Querist) 23 April 2015
This query is : Resolved
Sir,
There are new tenants in one of the flats in our society in mumbai, the wife bakes cakes at home and delivers them on a professional basis.
Some members are against this and are raising objections.
Would that be considered a commercial activity in a residential building?
If so, how is the matter handled?
Guest
(Expert) 23 April 2015
Your description is too short of forming any appropriate opinion, particularly about the scale of commericial operations and the use of large bakery ovens.
Otherwise, cottage industry does not fall within the purview of commercial activities.
KK
(Querist) 23 April 2015
Sir there are 2-3 ovens running almost all day especially during Christman and other festivals. cakes are delivered on orders taken in mumbai and outside mumbai too.
Some say she makes good profis and thus it qualifies as a commercial profit making activity and should not be allowed in the society.
ajay sethi
(Expert) 23 April 2015
she is staying in said house and only using the house for making cakes on festive occasions . it would not be regarded as commercial activity
KK
(Querist) 23 April 2015
Thank you Sir.
Baking goes on year round as per orders placed, but gets especially busy during festive season.
Guest
(Expert) 23 April 2015
Your information is still quite insufficient to prove commercial production or if she maintains a showroom to attract the customers.
Rajendra K Goyal
(Expert) 23 April 2015
You can take up the matter with the society if any rule / byelaw is broken.
ajay sethi
(Expert) 24 April 2015
the flat is predominantly used for residence . baking cake at home for supply to customers wont be regarded as using house for commerical purposes .
KK
(Querist) 24 April 2015
Thank you Sir.
Now, with clarity of mind,it will be easier to take a stand in society meetings when the matter comes up.
Guest
(Expert) 24 April 2015
You are welcome Dr. KK.
Just keep in mind that every activity cannot be labelled as commercial activity. Please think your own position, if you think the lady is using his residence for commercial purposes. Being a doctor, if you attend patients at your own residence you can also be termed to be using your residence for commercial purposes. There is nothing wrong, if the lady is earning some additional income with her professional expertise to add to the regular income of the main earning member of the family.
KK
(Querist) 24 April 2015
Dhingra ji, i really appreciate your insightful response.
I wanted to educate myself first of what is right and wrong, and not merely be part of a group targeting someone unfairly.
Guest
(Expert) 24 April 2015
Dr. KK,
Thanks for your appreciation. It is better to always try to be rational not only with your nears & dears, but also with contacts and neighbours.
