Tuition classes in co operative housing society

This query is : Resolved 

Querist : Anonymous (Querist)
16 June 2019

Dear Sir /Madam,

I am work in private company my wife is house wife. With a lots of effort we have purchase a flat is co op housing society in Ambarnath East Dist Thane Maharashtra. My wife takes tuition classes at my home but now our society secretary and Chairman suddenly call me and tell (Verbally ) me that taking classes is commercial activity and cannot allow to take classes and have to stop taking class in your flat. We don't have publish any advertisement or any publicity of my class also other members of society not reported any objection about my class.

This society having G+2 floor and i reside on Fist floor also there is no lift or any security guard and all childrens which come to class is reside in the same area.

Actually Society secretory want to purchase that flat which i purchases but my flat owner sell this flat to me now due to this reason society secretary and chairman taking this personally . Can u please Suggest me what to do now i am new in the society and till the time we don't have any contact to other society members.

Request you to kindly suggest what to do now.

kavksatyanarayana (Expert)
16 June 2019

Dear queriest, the rules/terms & conditions of the bylaw need to be verified. to me, they cannot object it.

R.K Nanda (Expert)
17 June 2019

all depends on bye laws of society.

Querist : Anonymous (Querist)
17 June 2019

Thanks for reply but I don't think that there is separate bye law has been pass in society.. Same I have ask to other members in society.
Kindly let know what action can society take on me if I have not stop taking classes...

Querist : Anonymous (Querist)
17 June 2019

Kindly suggest

krishna mohan (Expert)
17 June 2019

Some may run business from the premises. As long as it wont affect the peace of the co owners, no one to have any objection. This being a education service you can take the permission from General Body as provided in the bye law and it requires so and if Secretary still on personal grudges objects.

Dr J C Vashista (Expert)
17 June 2019

Legally no commercial activity is permissible in residential Society /area.

Querist : Anonymous (Querist)
17 June 2019

Thanks again for your valuable reply

What kind of action should Society chairman and Secretory take against me if I continue to taking classes..

22 June 2019

Dear Sir,
In technical language residential apartments should not be allowed to convert into commercial places. If you can manage all the concerned then your wife can continue the tutorials without disturbing the neighbors.

Please mark “LIKE” if satisfied by my answer.

Querist : Anonymous (Querist)
15 July 2019

Dear sir,

Now Yesterday Secretory call me at his place and society chairman and treasurer was also there they told me I have to stop taking classes otherwise they will register FIR on me..

Also there is point in bye law of society said as below

The member can use his flat for the purpose of dispensary, consulting room,
nursing home, flour mill, coaching classes, cradle home, beauty parlour etc. as
per the bye-law No.3. However, it is obligatory on him to obey the code of
conduct if made by the general body meeting in such a way that there would be
no nuisance to other members in the society by this profession.

So plz can U plz some one help on this is it possible is it possible that they can register FIR on me, because I have not done any crime and till the time they have not given me any written notice also non of society member register complaint about tuition.

Request you kindly suggest me what to do now plz

Querist : Anonymous (Querist)
15 July 2019

Plz help me

Hemant Agarwal (Expert)
21 December 2019

1. Police CANNOT register any type of FIR against you for conducting Tuition's in your own Flat, more so specifically since Tuition is not classified as a criminal offence under IPC.

2. However you can positively register an Police FIR against the Chairman & Secretary for criminal offences like Threatening, Intimidation, Molestation, Breach of Trust etc....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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