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Tuitions

(Querist) 21 October 2016 This query is : Resolved 
Dear Sirs,
In our society there are at least 4-5 house which take tuitions, we can understand for 4-5 students but here at least 70-80 students come on daily basis / house. In one meeting members decided to charge Rs 500/- per month to this members for excess use of lift of scty. But this member say that no one can stop them from taking tuition as it is High court decision & scty can't even charge them for same.
Does it mean that scty members has to bear excess cost of lift & electricity just becoz high court has ordered this? does it mean that this member will do whatever they want? they keep entire shoes / chappels in front of other members house shabby floor also there is noise round the clock. Please guide what to do? can't scty take any action on this?
Kumar Doab (Expert) 21 October 2016
In other thread Experts have addressed the query as far as tutions are concerned.


Excessive use is a contentious issue.

Try to take the member into agreement.



Rajendra K Goyal (Expert) 21 October 2016
Refer the bye laws of the society whether such charges can be taken or not.

If yes pass resolution in general body.


Make it mandatory for each visitor to enter in register at society gate daily to find out whether the flat is used only for tuition or for taking classes at commercial level.
Kuummaar AS (Expert) 21 October 2016
SAA_Bombay,

" ...But this member say that no one can stop them from taking tuition as it is High court decision & scty can't even charge them for same."


WHAT IS HIGH COURT'S DECISION?
Devajyoti Barman (Expert) 22 October 2016
Refer to the bye laws of the society.
it is true that society can not stop a member from carrying out tuition class.However if running of tuition class cause nuisance in the society like unusual noise, crowding, overuse of life etc, society can take prohibitory measures.

So pass a resolution by General Body meeting and try to put some restrictions.
Guest (Expert) 22 October 2016
What is the type of flat, 2BHK or 3BHK where tuition is given?


Rajendra K Goyal (Expert) 22 October 2016
Reply the question from expert P.S. Dhingra.
Kumar Doab (Expert) 22 October 2016
70-80 students is a considerable number.

Decide in General Body meeting.
Kishor Mehta (Expert) 22 October 2016
Sir,

When the number of students attending a tuition/coaching class is as high as 70 as stated, this can be termed a commercial activity and it does not have the sanction of any court. The Hon.Supreme Court has already ruled that tuition/coaching classes should not be allowed in residential areas/premises.

Further, as per the CHS rules the member of a CHS flat has to give an indemnity bond to use the flat for residential purposes only. Please check whether such bond has been taken from the member operating the tuition class.

Good Luck,
Kishor Mehta
Guest (Expert) 22 October 2016
Evidently, the query is a a hypothetical and academic one.
Rajendra K Goyal (Expert) 22 October 2016
Can proceed as advised by the expert Kishor Mehta.
Kumar Doab (Expert) 22 October 2016
Mr. Kishore has posted inputs.

The member is charging huge number of all daily visitors (students) so should agree to bear the cost that society has to bear.


Examine as per advise of Mr. Mehta.
SAA_Bombay (Querist) 21 November 2016
Thanks to all Experts, Apologise for delayed reply.

Mr. Dhingra, all flats in scty is 1BHK. I agree my query may be academic one but it is big issue in metro cities. We do not want to harass any member or not even want to be part to spoil some one's earnings but what about the cost which other members have to pay for this. Things seems small but problems are big. parents who come with this children gather & sit in compound of scty in noon chatting for hours. Thy wait for long to pick up their children's. this is indirect keeping watch on member who come & go @ what time. During Exam time thy even feed their children in compound. some students parking their bicycles here & there, have damaged paint of cars. In short Scty compound has become a open public plot. Now how to know person entering the gate / lift is coming for this tuition flat or else going somewhere else. In scty meeting whenever we discuss this issue, tuition takers shaw us paper cutting mentioning Scty can't stop tuitions tht is ruled by High Court, don't know which order date.
Kuummaar AS (Expert) 21 November 2016
SAA_Bombay,

YOU HAVE SAID, INTER ALIA,

"Apologise for delayed reply."

MIND IT, EXPERTS DO NOT WAIT FOR REPLIES. IF ANY EXPERT SAYS SO, IT IS IN THE INTEREST OF QUERISTS.
Guest (Expert) 21 November 2016
Dear SAA_ Bombay,

Shri AS Kumar is absolutely right. You have replied my query after a month's time.

Even otherwise also, there seems to be exaggeration of the No. of students, when you said, here at least 70-80 students come on daily basis. Question arises, in one BHK apartment, how a tutor can manage to accommodate 70-80 students, in addition to his own living along with his own family? That itself speaks about the hypothetical nature of the query, as already stated.

So, you may better come out with correct facts, if there is any real problem.


SAA_Bombay (Querist) 21 November 2016
Mr. AS Kumar - I agree, but sometimes in life you have to go for a thing which suddenly erupts becoming your life's top most priority. I passed thru that phase recently.
Dhingra sir, Our scty is newly redeveloped scty & during this redevelopment I have gone thru many no of queries which we never thought of. Many a times, i have come to this portal asking for expert advice. And i am really happy to say that every time experts have guided me by sharing their knowledge with politeness & their down to earth attitude. I am Thankful to all those experts. This one of the top reason that i respect experts on this site hence, there no reason for me to exaggerate my query. Secondly, I said 70-80 students per day, Not at a time & you must be aware how mumbaikars manage in limited space. Anyhow, Thanks for your advice & sparing time to revert to my query.
Kumar Doab (Expert) 21 November 2016
It is not proper to cram 70-80 students in 1BHK.



If HC has ruled then the counsel engaged by your society at your location can help you to get the proper judgment and society can take a call in accordance.
Rajendra K Goyal (Expert) 21 November 2016
Agree with expert Kumar Doab.

Discuss with local lawyer and proceed.


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