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PG hostel in Apartment

(Querist) 20 February 2009 This query is : Resolved 
I am staying in a apartment of 220 flats. One owner has around 60 Flats and he is renting out as PG hostel. Almost 10 bachlors are staying in a Flat. Their nuisance is increased day by day. Water consumption is high.
What could we do to move them out of the apartment or to have a rule to stay six people per flat?

Regards
Ganesh
sanjeev murthy desai (Expert) 20 February 2009

file a compliant in Owners association and nearest municipal authorities. And also check wheather that owner having a permission to use that the flat for commercial purpose. Otherwise it is illegal.

sanjeev desai
M. PIRAVI PERUMAL (Expert) 20 February 2009
I agree with Mr. Sanjeev.
AEJAZ AHMED (Expert) 20 February 2009
Yes rightly suggested by Mr Sanjeev,

First, file a complaint befor the, Flat Owners Society of your Apartment.

You can also file a complaint against the said Owner as well Tenants before the Executive Magistrate/Police for their nuisance, then the competent authority shall bound them.

If the society of your Apartment's Flat Owners is Registered one, then take a copy of By-Laws, and go through the same. And if you find any thing going on against the By-laws, then you can move a Civil Suit, against the Society and the said Owner and get favourablr direction from the competent court of law.
PALNITKAR V.V. (Expert) 20 February 2009
Addition suggested by Mr. Aejaz is valuable.
Abhishek (Expert) 20 February 2009
well explained by Mr. Ahmed...
A. A. JOSE (Expert) 21 February 2009
Agree with the course of action suggested by Mr.Aejaz and all others. However, please also remember that Bachlers have also a right to life and that each of us were once bachlors. Therefore, before resorting to legal remedies, perhaps it is advisable to have some conciliatory approach by interaction with the Bachlors concerned alongwith the Flat Owner concerned to explore as to whether everyone, including the Bachelors, would be able to live in the Flats peacefully without spoiling the relations.
Kamlesh soni (Expert) 21 February 2009
i think Mr. Aejaz and mr.Sanjeev are right. so i do agree with them both
ganesh (Querist) 23 February 2009
Thanks a lot for your information.

Ours is one year old apartment and we are yet to register it. The flat owner rented out his flat to a person and he in-turn runs PG hostel. We are very much worried about the water consumption and security of the apartment.

Sanjeev has replied "And also check wheather that owner having a permission to use that the flat for commercial purpose. Otherwise it is illegal". Please explain me, what kind of permission owner should have to run a commercial PG in a residential complex.
B.B.R.Goud. (Expert) 23 February 2009
Mr Ganesh,

1. A tenent to use the flat, against Sec 108, T P Act. is illegal. In case, if he is using as per the Sec 108, T P act, then the owner of a flat is liable for nuisance.
2. In this regard, you need to complain to the flat owners association,or nearest police station officer, or muncipal commissioner, or district collector/magistarate, and finally you can approach the court.
sanjeev murthy desai (Expert) 23 February 2009
Dear Ganesh,

Yes absolutely right ganesh, owner should have permission from competent authority to run a commercial PG in a residential complex.

sanjeev desai


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