Residential flat converted into commercial purpose

P a pinto (Querist) 14 November 2017 This query is : Resolved
Sir,ours is a totally residential society.no commercial shops are there.but one of the ground floor flat recently purchased by a Architect for residential purpose,was used for commercial purpose.When we objected for carrying out business activities since our society is meant only for residential purpose,he told that since he is a self employed person and he is staying there & carrying out business activities.
But now he has converted and modified the entire flat ,removed the kitchen .,and converted into office without the society permission and he carries out business activities and he is not staying there.
What is the position of the society?can we continue to allow him for carrying out business activities?Or can we complain ? If so to whom we have to approach?
Kindly advise..

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Rajendra K Goyal (Expert) 14 November 2017
Society should issue notice to the person against structural changes of the flat without due approval.

In case no effect, discuss with local lawyer.

Ms.Usha Kapoor (Expert) 15 November 2017
However, if your society bylaw doesn't allow commercial activities within the building premises, not much can be done. But, if you have a licence to operate and are still facing resistance from society members, you can approach the cooperative court, says Ameet Hariani, managing partner, Hariani & Co, Advocates & Solicitors. Please .Click the following link for further information on this issue.

http://www.business-standard.com/article/pf/commercial-use-of-residential-flats-is-expensive-112100900005_1.html