Beauty parlour
Rajan Shashikant Patel
(Querist) 27 March 2012
This query is : Resolved
i live in a co-op.hos. soc., where my wife also runs a ladies beauty parlour from my home since last 4 yrs. now society has told us to close the parlour as it is commericial activity in residencial area...
what do we do...? can society ask for such thing...? if yes why after 4 years ? to the best of my knowledge beauty parlour is under " mahila gruh udyog " so it can operate from home ... what do law say about this ...? plz guide me
adv. rajeev ( rajoo )
(Expert) 27 March 2012
You have to go thru., the bye law of the society. If there is nothing in the bye law to run the commercial activity in the home, then society cannot obstruct your wife to carry out the beauty parlor.
Raj Kumar Makkad
(Expert) 27 March 2012
Certainly the job done by your wife comes within commercial activity. Though the society might have vigilant and wouldn't have allowed your wife on the day she opened her work of beauty parlour in the residential area but non-action at the previous time do not give right to your wife to continue even when it is objected to as per rules of the society.
V R SHROFF
(Expert) 27 March 2012
CARRY ON, Till SOC obtn Court Order, Or Registrar Directive against u.
Then Fight.
ajay sethi
(Expert) 27 March 2012
if the flat is primarily used for residence then your wife can run a beauty parlour in said flat
Guest
(Expert) 28 March 2012
It is fine, if you are satisfied.
M V Gupta
(Expert) 28 March 2012
Bye law 76(a) of the standard bye laws of Housing Societies provides that the society shall issue letter of allotment to a flat buyer imposing terms and conditions for holding the flat. Bye law 76(b) imposes an obligation on the member of the Society to obtain permission of the Society if he wants to use the flat for a purpose other than that specified in the letter of allotment. Normally the LOA will mention that the flat shall be used for residential purpose only. Therefore if a member is using the flat for purpose of running a beauty parlor which is a commercial activity the Society can object and even take steps to prevent the activity.
PARDEEP KUMAR
(Expert) 29 March 2012
Mr. M.V.Gupta, is correct. pertinent to add that 'Beauty Parlour' do fall in the category of commercial activities.
V R SHROFF
(Expert) 29 March 2012
The member is residing in Flat, so basically, it is used for purpose it was allotted to.
DC Rule provided that dicing
the suit premises are meant exclusively for ‘residential user’ and since they never asked for any permission or even consent for its commercial user, the question of the same being denied does not arise
using it absolutely legally and as per the definition of the term ‘Residential user’ as given in the building bye-laws and Development Control Rules applicable to the city
Must read carefully how "Residential use " is defined in DC Rules."
When Act defines Residential use, Co-op Soc cannot have it's own definition. AGM resolution against the Law is invalid.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 March 2012
Beauty parlors have other faces also which are not admired by residents in general so law or no law if the society is against it ,you can not do any thing.
V R SHROFF
(Expert) 29 March 2012
Society has limited power and authority, derived from Co-op Society Act. Anything out of such authority will be treated ultavires, not binding on member, invalid, illegal.
Bye-law is always silent for "beauty parlour,"
Must have Case Laws, as Beauty Parlor, Tailoring, Tuition classes, Advocate's office, CA, Tax Consultants, Physiotherapists, Dr., and endless persons use residence premises for these activity.
It also attract lots of outside visitors, creating Security problem.
Someone may dig out citations & judgement on these, will clarify this Query absolutely.It will justify Rajan Query, and we too, will feel satisfied, as it is a contested, with conflicting views.
May a Jr. pl try on it please.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 March 2012
Shroff sir other proffessionals are different than beauty parlour since females are involved.
You may say there is no law to prohibit but if majority is against they can create trouble every day.
