Hi, I live in a Flat in Jyangra,Baguihati, Kolkata, West Bengal. The promoter of the flat has sold out all flats (16 nos) except 3 and the ground floor (which is a big hall). He has rented out the ground floor to a distributor of P&G. Now The distributor want to occupy one flat on 3rd floor for their office use. We (all the flat owners) have raise objection and has submitted an objection letter to the Distributor as well as we have submitted a copy of the letter to the Municipality too. They are creating a lot of problem in the ground floor, using the common space (70-80 peoples), staircases. They are also making the space dirty. Also the amount of water consumption has gone up. The Promoter is non-coperative . We have no objection if the flats are rented out to families or residential purpose. I need help on what steps we can take further so that the distributor can not use the flat. Thanks and Regards Sumit Kumar Roy
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Dear Sir,
You can approach Civil Court combinedely as it is infringement of your civil right. It is a permitted to be occupied by families not even exclusive bachelors or institutions or commercial organisations. Court will issue interim stay on day itself. You can also raise objection in emergency general body meeting which may be conveyed on your request or demand.
Dear Client,
Haven't municipality taken any action. Complain to enforcement wing of municipality. Ground floor is common area and for the purpose of parking, cannot be put to use for other thing. Instead, builder has no authority. Even the act is illegal. Complain to police for unauthorized trespass.
Remedy of last resort, injunction suit with instant vacation of area
per,mission of association is necessary to use residential flat for office use
2) if no permission has been obtained flat cannot be used for office purposes
3) issue legal notice to distributor not to use premises for commercial purposes
4) file application before cooperation court seek injunction restraining use of premises for commercial purposes
Change of user of premises from residential to commercial without permission of Municipality is not permitted
as you have already written to local body, you need to follow up on your letter and request the authority to issue notice to the promoter
you can also file a police complaint for causing nuisance and annoyance to residents
you can file a complaint to Dy. registrar and municipality. You can also file a case in cooperative court and take injunction order.
See it is duty of the municipal authority to take the action on the complaint of the residential premises is used for the purpose,. if they fail to take action you can give a legal notice to the promoter and the tenant along further making the municipality formal co-noticee.
if on notice there is no response file a civil suit against them.
1. Well, there is no legal restraint for a corporate house to take residential property on rent for the purpose of administrative office or store house provided the norms of local authority is complied with .
2. However this does not mean that they can cause disturbance or nuisance in the premises which is apparently happening.
3. In that even you can file case against the house to stop this nuisance for which both civil and criminal case will lie.
Hi,
Firstly, you need to check the sanctioned building plan, if the usage of the building is exclusively for the residential use then in that case you have a strong case for stopping the commercial activity.
Secondly, Owners Association of the Building needs to send a legal notice to the Distributor and also the Owner. If still the place is not vacated, file a suit for injunction to restrain the Distributor for carrying out commercial activity from the residential building.
1. You shall have to analyse the problem rationally.
2. Has that big hall been mentioned in the construction plan sanctioned by the Municipal Corporation?
3. Has it been mentioned in your sale deed/agreement for sale that the ground floor will be used for commercial purp[ose?
4. Has the area where in your buidling stands, been converted to commercial area or it is still a resindicial area as specified by the Municipal corporation?
5. If the answer is no, then lodge a police complaint against the promoter and the said concern and also send the complaint to the Municipal Corporation for taking action against such commercial use of residential property.
6. If you do not get any relief, file a Writ Petition before the High Court against the inaction of the Corporation and police making P&G as the private party, praying for a direction upon the said Government Authorities to act based on your said complaint.
File a suit for Declaration and Injunction against the promoter in Barasat Civil Court , North 24 Parganas.
You can put pressure on the local civic body about the usage of residential property for commercial purposes to initiate action legally to avoid the same.
You can escalate the matter through an injunction suit before the cooperative court also.
Discuss with an advocate on all such further issues and proceed as suggested.
Please check the Building approval plan, whether ground floor is commercial or residential. Regarding hiring the flat for office is not legal one. becoz all residential flats are for dwelling only. SO he cant take as office.
Inform the flat owner about legal issues let out for commercial purpose.
Make complaint with Local authorities
1. The in the Building plan it has been mentioned as a residential Building. 2. The Ground floor hall was meant for the use of the Building owners but the promoter did not sell it out to the building owners. 3. The promoter used to rent the ground floor for some marriage occasions. In one such instance the fume from the cooking nearly killed a 4 months baby on the 1st floor. Then we obtain an injunction from the municipal authority, barring the use of the hall for any marriage or function occasion by the promoter. 4. Then after some year the promoter rented the hall out to the Distributor of P&G, without getting any permission from us. Though we protested multiple times in writings. 5. The current situation is we have submitted our objection to the Municipal Councilor of our ward. Got his signature and stamp on the notice. When we tried to submit the notice to the Distributor they refused to take it. 6. Today they have started shifting tables and chairs and office equipment on the 3rd Floor.
file suit seek injunction restraining use of 3rd floor for office or commercial purposes
It is not your duty to serve notice on the tenant
The municipal authorities will serve the notice on the developer and not on the tenant subsequent to which they may seal the premises for defying the orders.
Thus, you should better know your limits.
All are equal before law hence the developer cannot take advantage of law in his favor.
Call the police.
1. See owner association can file a suit for possession of the hall as it belongs to the common area. Further for transfer of ownership of same in association.
1. Send the notice to distributor by registered post
2. if local body does not take any action then file a writ petition in high court and obtain injunction against the distributor
Stick the copy of the notice on his door and take picture with date and time.
Call 100 and File police complaint from your association, citing security reasons and risk of life
1. & 2. The matter is not clear. If "the Ground floor hall was meant for the use of the Building owners" then why the same was to be sold to the flat owners & to which flat owner it was supposed to be sold? Was it meant for common use of all the flat owners? Was it to be used as a community hall?
3. to 6. If the said hall was meant for common use, then it can not be sold or used by tyhe Promoter.
7. However, if it is the promoter's share of the property, then you can claim it to be sold for residential purpose only shall have to be constructed as per the sanctioned building plan only.