Commercial charges on a dental clinic

Dear sir,

For commercial charges you have to check the resolution of society and if you are not satisfy with the resolution you can challenge it before society registrar. If society is not transferring the membership in your name in that case you have to send legal notice to society and later on approach society registrar.

Regards,

From the facts stated, the society is intruding into denying you, the fundamental right as to practicing your profession. It is well settled that no authority can interfere with the ordinary rights of a person unless authorised law. To my knowledge, there is no law which authorises the society to levy commercial charges.

Even the logic of the premises being owned by your makes no senses in the light of the gift deed executed.

As already suggested, you may serve a legal Notice on the Society management seeking remedy as well the damages.

Thank you Advocate Venu for the reply. This forum is a solace to me and I am sure for many other lay persons as well.

How and where should I claim damages.

You cannot run a dental clinic from a rented residential premise. The society will not allow it. Also the owner will be charged commercial property, water and electricity charges. You can run a dental clinic from a self owned residential premise preferably on the ground floor or first floor.

1) doctors , lawyers , CA can use 30%of residential premises for consultations . that would not be regarded as using property for commercial purposes .

2) if more than 30%of flat is used for commercial purposes then they would have to pay commercial water charges , property tax for commercial purposes.

allahabad HC has held All the petitioners are qualified and registered medical practitioners. They have a right to run their private medical clinics for giving professional advice to the patients. A doctor's clinic run in a portion of the residential house, which may either be small and sufficiently big but which may not occupy the entire area with a waiting hall, a dispensary or even a small diagnostic facility may not convert the user of a premise from a residential user to commercial user. A non-nuisance professional activity running by doctors, lawyers, consultant, architect, chartered accountant, property consultants, government guides may also fall in the same category. The trouble starts when the doctor or any other consultants uses a substantial part of the building, for the activity including the incidental activities such as x-ray, ultrasonography, pathology, operation theatre and wards in which patients are admitted. These activities together with the consultancy, overreaches the limit of the user for professional use.

The rights given to carry on profession, including medical profession under Article 19 (1) (g) of the Constitution of India, are subject to reasonable restrictions in public interest. Such restrictions can be placed by the law made by the State under Article 19 (6) or may be imposed under an agreement to which the person may subscribe, in the interest of other residents.