Commercial activity in residential premises

gaurav (Querist) 09 June 2018 This query is : Resolved
I live on rent in a house, another tenant runs coaching classes in it, causing nuisance. Whom to complain about it..

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Ms.Usha Kapoor (Expert) 09 June 2018
coaching classes from residential areas must go, the supreme court said in a RECENT judgment. YOU CLICK THE FOLLOWING LINK FOR FURTHER INFORMATION ON THE judgment OF APEX COURT.
https://timesofindia.indiatimes.com/india/Coaching-centres-must-go-from-residential-areas-SC/articleshow/51320705.cms.
YOU FILE A NUISANCE CIVIL CASE AGAINST COACHING CLASSES FOR THEIR REMOVAL FROM YOUR RESIDENTIAL AREAS.

K Rajasekharan (Expert) 09 June 2018

The problem of nuisance is dealt with by the police force. The problem of sound pollution is dealt with by the higher level police officer duly authorised as per the Noise Pollution (Control and Regulation) Rules. The problem of commercial activity in a residential building is dealt with by the local body.

gaurav (Querist) 09 June 2018
Local body in this case is nagar nigam or development authority

Guest (Expert) 09 June 2018
In May 2016 the Supreme Court Bench of Honorable Chief Justice T.S. Thakur and Justice U.U.Lalit confirmed the Orders of Rajasthan High court ----------------banning the functioning of tutorials illegally from residential areas.

Guest (Expert) 09 June 2018
Senior Advocate Mr. Kapil Sibal tried his level best for an interim stay which was denied.

Guest (Expert) 09 June 2018
Better before making your complaint discuss with local Advocate so that the Complaint could be drafted effectively please.

Vijay Raj Mahajan (Expert) 09 June 2018
The correct authority which collect house tax, it's usually the Municipal Corporation is best authority where you lodge the complaint for commercial use of residential premises.
The house tax levied for property used for residential use is much less than what is for commercial use.
Municipal Corporation of your area will assign an inspector for inspection of the said property misused for commercial purposes and house tax being paid is quite less which is levied for residential property.
Not only new rate of house tax charged on this premises, but the fine levied from the time the premises came in existence also criminal complaint can be filled against the owner of the property for not disclosing correct information about commercial use of property for the purpose of house tax assessment.
This will make the property owner throw out the tenant who is using the residential premises for commercial purposes.
Neither you directly file any civil suit against it's misuse nor indulge in unnecessary litigation with the other tenant or landlord.

gaurav (Querist) 09 June 2018
Precise... But in sc judgement, eviction orders challenged were given by jda ,

gaurav (Querist) 09 June 2018
Kanpur development authority here

Kumar Doab (Expert) 09 June 2018
Lodge complaint under proper acknowledgment with LOCAL authority.

Ms.Usha Kapoor (Expert) 06 July 2018
I agree with myview and Vijay Raj Mahajan's view.

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