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Aug
26
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COMMERCIAL ACTIVITIES FROM RESIDENTIAL PREMIS
Respected sir/madam,
Re:- Harassment and Nuisance created regularly since last more than 2 years by Mr Jaswant from FLAT NO. A- 004 Premnagar No. 5, Co-op Hsg Society Ltd, Off S.V.P. Road, Borivali(West), Mumbai-400092 by carrying on Commercial Activities at Residential Area.Complaint has been submitted against the Society Authority ( Secretary & Managing Committee And Mr Jaswant. I request your good-selves to please consider following points :- The agreement for Sale (Flat no. A-004) clearly includes one affidavit or sworn statement that The Flat would be used only and exclusively for Residential Purposes. The Purchaser/s( Mr Jaswant at Flat no. A-004) shall not use the said premises for any purpose than as Residence and the Garage/Parking Space for parking of car only. For converting residential premises into commercial premises a proposal is to be submitted to local authority through Architect / Licensed Surveyor with prerequisites e.g. Application for cc, Notice u/s 342, Plans, existing building plans, occupation permission, D.P. Remarks, NOC from Co-operative Housing Society, stability certificate from Structural Consultant . Has Mr Jaswant has complied with procedure for converting residential premises into Commercial premises.? Is NOC of the Co-operative Society Obtained ? Simply No. This is the clean and very transparent case of Unauthorised use of Residential Premises for Commercial Purpose without permission of Society Authorities. Our Society has not permitted any such commercial use even committee members do not have power to permit any such commercial activities.Our society Bye-laws do not permit any kind of business activities from society premises. Complaint to Police is to be made on the matters of: 1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder. 2) Threatening / assault by or to the member of society 3) Creating noise after prescribed deadline hour in the evening Please read the word Unauthorized use of Flat. Even any legal form of business is prohibited from Residential Premises. Please read news from Judicials Reforms, February 2006 & Tribune Noida in 2005 On 16'" February 2006, the then Chief Justice of India, Y.K. Sabharwal passed a detailed order setting into motion the process of sealing of properties in designated residential areas of Delhi which were being used for commercial purposes. In the drive that followed to implement the order, thousands of premises being used for commercial purposes such as shops and offices, many of which had been functioning for decades, were sealed, forcing them to buy or rent premises in shopping malls and commercial complexes. This sealing went on relentlessly under the continuous supervision of Chief Justice Sabharwal's bench, monitored and directed by a Court appointed monitoring committee. House allotment cancelled for commercial activity Our Correspondent Noida, August 9 The Noida authority cracked the whip on allottees who were using their residential premises for commercial purposes. The authority has cancelled the allotment of six houses and issued notices to another 172 allottees on complaints lodged by residents welfare associations (RWAs) of the respective sectors. They have been warned to stop commercial activities on their premises. Besides, the allotment of five others have been suspended for not having deposited the allotment money within the time limit. According to a spokesman of the authority, residents welfare associations had complained against residential premises being misused for commercial purposes in their respective sectors. The Noida authority had sent notices to the offenders. Most people had stopped the commercial activity. Noida engineers, in a survey, found that in some 176 residential houses and plots commercial activity was still being carried on. Notices to some of them had already been sent but to no effect. CEO Avnish Awasthi then passed cancellation orders for certain houses as per the report. The allotment of houses of Ravinder Kumar (E-253), Krishan Kumar (E-177), B. Kishore (E-84) in Sector 27, Jagjeewan Prasad, H-84, Sector 22, and Vidhya Devi Y-358A, Sector 12 here have been cancelled by the Noida CEO. Notices to another 172 allottees have also been sent, it is learnt. I hope the above would clear any doubts or ambiguity about the matter under consideration. This is very transparent and clear offence requiring intervention by Police Department and High Court. I want compensation of Minimum Indian Rupees 1, 50, 000/- from The Premnagar 5 Co-op Hsg Society Ltd ' S Managing Committee for not taking quick action and providing full support to Mr Jaswant since last 4 years. This is a very serious Offence. My family life is fully disturbed ; my business is affected very adversely because of the continued nuisance. Please read reason why I claim Compensation & Damage of Rs 1, 50, 000/- . Can a member approach consumer forum for redressing his grievance? Yes. Housing is covered under the term “service” in the Consumer Protection Act, 1986 (the CPA 1986). Therefore the services rendered to the members by the housing society falls within the purview of the CPA 1986. Further, the provisions of the CPA 1986 are in addition to and not in derogation of any provisions contained in any other Act This means that the provisions of the CPA are additional remedial avenues provided to the consumers by the Parliament of India. In view of the above, any dispute with a housing society by any member with respect to rendering any services such as allotment of house, possession of house, rendering maintenance services in relation to housing complex etc are covered by the CPA 1986 and a member can approach the Consumer Forums for claiming compensation and damages against the housing society for rendering deficient services. The Supreme Court has held in the case of Secretary, Thirumurugan cooperative Agricultural Credit Society v. M.Lalitha, (2004) 10 CLA-BL Supp that a member can approach consumer forum as a consumer to redress his grievance against a cooperative society. Housing society primarily being a cooperative society this judgment is applicable to cooperative housing society also. Apart from legal aspect please look at my profile link given above to know about my profession and financial profile for claiming damage of Rs 1, 50, 000/-(Rupees One Lac Fifty thousand ) I am private equity, Venture Fund professional from Mumbai. India associated with ICICI Venture Fund as a Sales Consultant. I also deal with large number of Venture Fund Companies at India and other countries VIZ USA, UK, EUROPE, Canada and other Asian countries..I normally receive Minimum of 100 proposals every Month from India, USA, UK, Canada & Other Europian countries. Annually I deal With Venture Fund & Private Equity deal worth $500 million to $800 million.Since last almost 3 Months I am not able to transact business properly due to harassment & torture by commercial activities. I deal with highly professional corporates, Directors, Finance Professional at India & USA, UK, & other Europian Countries regularly. Such dealing requires complete peace of mind and very healthy atmosphere. My business is badly affected by regular and frequent harassment by carrying on business activities Mr Jaswant . I want compensation from the erring Managing Committee Members Mr Jagwani & Nitin Parmani. I want immediate closure of Business Activities and dissolution of Irresponsible Managing Committee of our society. Thank you With Regards Kashyap Vyas A-003, Premnagar Bldg.No.5, Co-Operative Housing Society Ltd ; REGN NUMBER : BOM/WR/HSG/TC/4227 OF 1988-89 Off S.V.P. Road, Gymkhana Road, Near MCF Garden, Borivali(West), Mumbai-400092. Maharashtra. Telephone Numbers:- 022—28901477 & 022—30607772 Mobile Numbers:- +91 9819995872 & 9221240810
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