Shop keepers are members of society 

2) society can issue notice to shop owners  not to carry on business till 2 am in morning 

3) if no action is taken society can sue the members in cooperative court and seek injunction restraining them from carrying on business till 2 am 

4) complain to BMC against shop owners 

5) if no action taken by BMC file RTI with BMC as to what’s cation has been taken on your complaint 

The following are some of the answers and tips that you should know before taking any action:

1. 
   Jurisdiction of the Society:

   • The society's authority over shops stems from the lease agreement between the society and the original shop tenant.
   • The society may have rights to control shop activities, ensuring no disturbance to residents.
   • If the society lacks or doesn't exercise these rights, it might have limited control over such matters.

2. 
   Permissible Timings for Shops in Mumbai:

   • Governed by laws such as the Maharashtra Shops and Establishments Act, 2017, the Mumbai Municipal Corporation Act, 1888, and the Noise Pollution Rules, 2000.
   • Generally, shops can operate from 7 am to 11 pm daily, with exceptions based on shop categories.
   • Shops must adhere to noise pollution standards.

3. 
   Possible Actions Against Miscreants:

   • 
     Amicable Resolution: Initiate a dialogue with shop owners or managers, informing them of residents' rights and potential legal repercussions.
   • 
     Local Police Complaint: Register a complaint regarding the nuisance. The police can act under various sections of the Indian Penal Code, including sections like 268, 290, and 291.
   • 
     BMC Ward Office Complaint: Report violations of shop timings and noise norms to BMC. They can act under sections of the Mumbai Municipal Corporation Act, 1888, such as sections 313, 314, and 381.
   • 
     Consumer Forum Complaint: File a complaint for deficiency in service and unfair trade practices. Actions can be taken under sections of the Consumer Protection Act, 2019, such as sections 2(35), 2(47), and 49. Compensation claims can be made for inconveniences caused by the shops.

If you are aggrieved by the nuisance created by the shop keepers and disturb your peaceful living even at odd hours,  you may lodge complaint with police and the local civic body because the association seems to have lost control over them.

You can collect evidence for the acts of nuisances committed by shopkeepers to support your complaint. 

a police complaint for nuisance and annoyance to the building occupants will have to be filed

society can also intervene and file the complaint 

 - As per rules of housing society, No commercial use of property in housing society, 

- Other side, A fixed area can be legally used for commercial purpose limited to official use only , i.e. can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.

- Further, a commercial business which create nuisance for other ,  is not allowed near a residential houses 

- Hence, you can lodge a complaint before the Society and also before the registrar 

- Further, you can also lodge your complaint before the BMC for shutting down such business activity

- If no positive response, then file a suit for Injunction before the court . 

Dear client

Dealing with issues arising from commercial shops in a residential building can be challenging. Here are some points to consider:

Jurisdiction of Society:

The jurisdiction and authority of a housing society typically extend to matters related to the common areas and facilities within the society, as well as matters related to the conduct of residents within the society.While a society may have certain rules and regulations governing noise and disturbances, it may not have direct control over commercial establishments outside the society premises.The society may, however, have a role in mediating disputes between residents and commercial establishments within the society premises.

Permissible Timings:

Permissible timings for commercial establishments, including shops and eateries, are usually governed by local municipal laws and regulations.The permissible hours for commercial activities can vary depending on the specific location and zoning regulations.You can check with the local municipal authority (BMC in this case) to understand the specific rules and regulations regarding operating hours for shops in your area.

Taking Action:

To address issues caused by the commercial shops, residents may need to take the following steps:Contact the original tenant or owner of the shop and inform them of the issues faced by residents. They may not be aware of the disturbances caused by the late-night operations.If the shop owner or tenant is uncooperative or if the issues persist, residents can file complaints with the local municipal authority (BMC) regarding noise, disturbances, or any violations of operating hours.Residents can also consider approaching the local police to report disturbances or noise violations during late hours.If the shop is operating under a license from the building owner, the owner may have the authority to take action against the tenant for violating the terms of the license agreement.

It's important to document instances of disturbances, take photos or videos if possible, and keep a record of any communication with the shop owner or tenant. This information can be useful when filing complaints with the relevant authorities.