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Service apartment nuisance

(Querist) 27 November 2017 This query is : Resolved 
We are ina aprtment which has 5 flats .owners stay in two flats including us and one apartment is rented out and remaijing two are rented to a person by the owners and he is letting them as service apartments for near by hospitals. So the service aprmnt maintance takes incharge of water supply . We are facing lot of problems ans often stranded without water. More over ther is no security to check people moving in and out and the ppl stayin innservice apartments are smoking and often getting some pungent odour which prevents us from opening the door atall. We had raised these comcerns to respective owners but thet blindly support the maintanence guy becoz of the remt he pays . Please suggest if we can object thris service aparment renting legally
Gayathri (Querist) 27 November 2017
Please suggest
Ms.Usha Kapoor (Expert) 27 November 2017
You can File A CIVIL suit of injunction and also payment of exemplary damages against owners to get the service apartments vacated at once as it's causing pungent odor and may result in diseases and causing water scarcity and security view points.
P. Venu (Expert) 27 November 2017
The facts posted do not suggest any specific instances as to what could be termed are nuisances, other than, at the most, personal inconveniences.
Ms.Usha Kapoor (Expert) 27 November 2017
If you appreciate my answer please give me likes.
Gayathri (Querist) 27 November 2017
Thanks Usha and Venu
Following are instances could be termed as nuisance
1. There is no police verification on people who stay in service apartment
2.there is no proper communication on how many people willl be in or any person from maintanence side to monitor on the people who come and go out of apartment
3. People from different countries who dont know english or any indian languages also made to stay. We totally find this as a threat as ther could not be any communication
4. People staying in service aprtments , do smoke inside and with in commin areas . We keep alerting the maintannece on this
But we could not open the door as there are smoke smell . There are two infants in the apartment
5. People come in and go 24x7 and there is no person from management to monitor on how many people is allowed and whether ther is any trespassing
6. Even if we had any security placed. The securities cannot communicate as people are from diff part ofworld
7. There are no proper instructions given to the people stayin in apartment as each set of people come and go they create different problems
8. The people who s available for maintanence does not picks up call or call back . And he has been abusing us verbally if any questions asked or concerns told
9. When we escalateto owners since they are not in place to witness , he always agains upper hand as he threat to vacate immideately and their rental income woyld go off
10. Initially when we bought teh apartment it was not told others would leave for service . We were also kot aware of the issues related to us . Owners said it will be only for one year but now its been extended
11. We keep on reaching out to apartment owners they never come in person nor does anythin to sort this out
12. All i wanted to know is that if i could ask the owners to stop renting out as service apartments . Becoz we all thteee other owners who stay in tthe apartment is hugely affected by this.
13. I dont think it s been legally registered or tax paid as income frm these apartments
Gayathri (Querist) 27 November 2017
Pleaseadvise
Dr J C Vashista (Expert) 29 November 2017
Consult a local lawyer for proper appreciation of facts, guidance and proceeding.
FREE SERVICE by experts on this platform may spoil your case, beware of impersonating experts who has little knowledge of law.


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