Aditya Kumar 21 January 2022
G.L.N. Prasad (Retired employee.) 21 January 2022
It is proper to collect those charges for maintenance for those services they actually use. In case of disputes, get a mediator and settle the disputes on those practices prevailing in other registered societies with such godown/residential combined complex and get the understanding reduced in writing.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 January 2022
The rule book says godowns, warehouses, truck parking areas, hospitals, gas cylinder godowns etc are prohibited in residential areas. Give a complaint to local municipal authorities to vacate godowns at the earliest and collage maintainance charges for occupation of ground floor.
Aditya Kumar 21 January 2022
Aryan Raj 21 January 2022
In response to your query,
One cannot be permitted to open a Godown in a residential area. To do so, you must convert the property into a commercial property or the property may be sealed. You can file a detailed complaint with the specific address and photos to the Municipal Commissioner, ideally with the help of a few other local residents. Wait a month and then send a reminder through email or registered post.
Regards,
Aryan Raj
P. Venu (Advocate) 21 January 2022
In my understanding, they are bound to pay common maintainance charges. Other residents have the option to initiate a civil action. It would be advisable to serve a legal notice before approaching the Court.
Dr J C Vashista (Advocate) 22 January 2022
Presaumably there is no residents welfare association (RWA) formed in the premises, therefore, it is lacking maintenance and non-cooperation by occupants. It is advisable to form an association through a local chartered accountant or lawyer in terms of Societies Registration Act, 1860 / West Bengal Societies Registration Act/ Rules and compel such occupants to maintain the premises
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 January 2022
Apartments cannot be registered as a Society. Apartment owners can form an association under the Societies Registration Act of West Bengal. But under the Act no one can be compelled to become a member. It is for those who voluntarily form an Associetion and become its members. I do not know whether West Bengal has any law under which all part owners of building can be compelled to become members of an association and governed by its byelaws. You have a difficult situation. You do research with the legal community in West Bengal.