Beauty parlour
ganesh
(Querist) 08 March 2015
This query is : Resolved
Dear Sir,
I purchased a flat in the year 2007 and I am the 4th occupant in the Flats. I work for a small company and My wife is a beautician. During the purchase of Flat we have very clearly told the seller that apart from residence we also use this flat for running the beauty parlour and with out our both earnings it is difficult for us run the family.
since 8 yrs there is no issues with the Apartment Governing body (Not registered till now) . There was late night meeting two days back that we should stop this activity immediately.
I am small salaried employee and without my wife earnings it is difficult for me run the family along with my daughter and son who are studying Engineering.
I have pleaded the Governing body but my efforts are in vain . Kindly advise whether I can go legally against the body.
Devajyoti Barman
(Expert) 08 March 2015
Cjck the bye law of the society whether you can run the same from your locality. If they persists on restraining you, you can file case for injunction. Earning of livelihood is a constitutional right and unless a nuisance of danger is created out of running the said business, it can not be stopped by the Body.
ganesh
(Querist) 08 March 2015
Dear sir , Thanks for your kind reply. So for the society is not registered.
ganesh
(Querist) 08 March 2015
Dear sir , Thanks for your kind reply. So for the society is not registered
Devajyoti Barman
(Expert) 08 March 2015
ok, then file a suit for injunction so you may not restrained from running the business. Do it asap.
Rajendra K Goyal
(Expert) 08 March 2015
Whether such activities are being continued in residential area in your area ? If yes, get the injunction from court.
ganesh
(Querist) 08 March 2015
Sri Goyal sir,
So far the question was not arised. It was body who took the decision
Kappil Cchandna
(Expert) 08 March 2015
Dear,
Continue if the society is not registered ..... But I believe society people will lodge a complaint to ensure you do not continue it ....otherwise legally its not that u can't operate from and all ....
Kapil Chandna Adv 9899011450
Rasik Dagli
(Expert) 09 March 2015
Even if you have informed seller about your in house business, it will not help you. The Association or Society is concerned with this problem and you should have taken its consent. You are bound by Rules and/or bylaws of the Society. How do you say that Governing Body is not registered ? Unless it is made clear, no further advice can be given.
Jayaraj Poojari
(Expert) 09 March 2015
Please note the following issues before going for an injunction:
1. Properties can be segregated into Residential and commercial use. Property tax for residential buildings are assessed based on residential use and Property tax for commercial use are assessed under commercial rates. This applies for EB, water connection etc.,- You need to do appropriate conversions before the municipal authorities, which may be objected by other flat owners.
2. Earning your livelihood is a constitutional right but this is subject to certain limitations.
a. prima facie you cannot run a business in a purely residential area;
b. Though a suit cannot be maintained by an unregistered society, there is nothing to prevent a neighbor (flat owner) from proceeding against you legally based on above said reasons.
c. There is nothing to prevent getting a society subsequently registered with suitable bye-laws and then your business may be challenged creating trouble after trouble.
d. Above all, there are security issues in using a residential property into a commercial purpose which may override all other issues.
Please think and act.
ajay sethi
(Expert) 09 March 2015
since flat is also being used for residential purposes your wife can run beauty parlour in said flat
Commercial usage in no way violates provisions of change of user and is not a breach of model bye-laws. Presently rules allow 20% commercial usage in residential units. (Supreme Court V Sasidharan v/s Peter and Karunakar and ors) and (Supreme Court Dev Brat Sharma v/s Dr Jagjit Mehta CA No 4216 of 1988).
P. Venu
(Expert) 09 March 2015
The Committee has no jurisdiction over what happens within the four wall of a residential flat unless such activities are unlawful or such activities injurious to other residents.
ganesh
(Querist) 09 March 2015
Dear Sir , This exactly puzzles me. This is no way harmful to the fellow residents.
P. Venu
(Expert) 09 March 2015
Have they issued any notice or otherwise communicated the alleged decision to you or your wife?
ganesh
(Querist) 09 March 2015
No Sir , They have communicated orally. They have not issued any notice so far. They may issue notice at any point of time.
Kiran Kumar
(Expert) 09 March 2015
every state has its local laws to govern such issues.
the common aspect is that the commercial activity shall not be in a nature which totally changes the use of premises.
beauty parlour work does not involve any hazardous activity, moreover you are using the premises primarily for residential purposes.
Mr. Sethi has rightly advised that there is no illegality in running a small time professional work from home.
P. Venu
(Expert) 09 March 2015
Just ignore the oral communication or inform that you are not doing anything illegal inconveniencing anyone. As regards the anticipated notice, it is a non-issue at present.
Hemant Agarwal
(Expert) 10 March 2015
1. IF the so called "body" .OR. "association" .OR. "society", is not registered, THEN such body is "illegal & unauthorized" .AND. such decisions are "illegal & unauthorized", and NOT enforceable under the Law.
2. In Mumbai, under the BMC Act, the civic authorities lawfully allows "beauty parlor", Yoga & Dance Classes, and are permitted to the conducted from a "residential flat" WHILE staying in the residential flat, without any reference to the Association /Society laws.
3. No Police permission or BMC permission is required for running a residential grade Beauty parlor.
4. File a complaint before the local Police station, u/s 503, 509 r/w 34 against ALL the members of the so called unregistered body. IF the police does not take action within 8 working days, THEN file a private criminal complaint before the local Magistrates court, against ALL the members of the so called unregistered body. This will permanently fix ALL such members of the so called unregistered body, irrespective of future registration of the Association /Society.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
ganesh
(Querist) 10 March 2015
Dear Sirs , We reside in Vijayawada ,andhra pradesh . Are there any such laws preventing running the parlour from home in andhra pradesh ?
Hemant Agarwal
(Expert) 10 March 2015
Sorry, I dreamt that you are from Mumbai and hence my reply, to your "initial" incomplete query.
Contact a local area lawyer, on professional paid-basis, since this Lawyers Club, is a spectrum of various lawyers from all over the Country and there may be or not be any lawyer from Vijayawada (Andhra Pradesh), to answer your query.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
In my opinion expert Mr. Hemant Agarwal's opinion is a blanket shield protecting you from exercising your constitutional rights. Therefore as suggested you may wait for them to issue notice which will confirm their action or intention after which you can contemplate to initiate appropriate legal action either through criminal or civil laws.
