‘A’ owns a shop in suburban Mumbai in CHS since 2013 from where he runs his electric/hardware business and he has also been staying in his shop with his family since the time he has purchased it.. He has a commercial gas pipeline license for their personal cooking purpose and also fire license apart from other regular sanctions.. He & his family has been using the Society wash room for their bathing and washing clothes and have been cooking their food within the shop itself for all these years.. He has been running his business during the day and staying there with his family through the night since 2013.. The Society has now started harassing him stating that he is not allowed to stay in a commercial property.. The Bye-law is silent on whether a commercial space could be doubled up as a residence even though the definition of flat applies Mutatis Mutandis to a shop..
Under the above circumstances what are the remedies available to ‘A’.. Is there any Bye-law which supports his case and if not then under which Bye-law can the society not allow him from residing in his shop..
Thanks & Regards