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G Krishna (PM)     25 September 2023

Gated residential apartment restaurant-outside food delivery

Dear Sir/Madam,

My registered residential apartment society in Bangalore has in-house Restaurant which suppose to cater to the needs of residents. But they entertain outside Zamoto and swiggy deliveries. Is it legal? Can EC allow such activities? Please advise 🙏.



Srinivas GS



 11 Replies

Real Soul.... (LEGAL)     25 September 2023

That is ok, it is not any illegality or nuisance  

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 September 2023

You can see the rules as per society bye-laws of the society

1 Like

P. Venu (Advocate)     25 September 2023

What is the context for this query? Who is running the restaurant - is it the Society itself? If a privat/third party, what are the terms on which he has been engaged?

1 Like

G Krishna (PM)     25 September 2023

Society approved vendor running the restaurant. Terms I need to check. Thank you everyone for your response 🙏

T. Kalaiselvan, Advocate (Advocate)     25 September 2023

The choice of the members of the  society to buy food from outside  is their right.

No law can be enforced restricting the members to buy food from outside agencies namely Swiggy or Zomato. 

The society cannot make it a rule to compel the members to buy food from their restaurant alone, if there is any such law then it will be treated as an illegal act especially preventing someone to exercise their rights in this regard.

The  society approved vendor  running a restaurant within the society campus cannot restrict the members/owners from cooking their food in their kitchen neither the vendors have entered into any treaty or agreement with the members that they have to purchase eatables from their restaurant only.

Your question itself is not relevant to law, hence underand the law involved in this regard before raising such irrelevant questions. , 


P. Venu (Advocate)     25 September 2023

My earlier suggestion has been based on a limited understanding of the posting. Perhaps, it is misconceived,

Any proper suggestion requires clarification as to what exactly is meant by "But they entertain outside Zamoto and swiggy deliveries".

Is it that residents are purchasing outside food or that the reastaurant is selling food outside through Zomato etc?

T. Kalaiselvan, Advocate (Advocate)     26 September 2023

The author has not returned with his clarifications which indicates that it seems to be an hypothetical question

G Krishna (PM)     26 September 2023

To clarify,  Certainly no such restrictions on residents to buy food from outside. Question is that a restaurant opened in the gated residential apartment for Residents benifit. Can the same restaurant act as Cloud Kitchen and sell food to outsiders va Zamoto or Swiggy?

P. Venu (Advocate)     26 September 2023

What are the terms on which the restaurant is allowed. If the terms are wholly or substantially commercial, the Society managment or the members cannot impose any conditions as to the customers they serve or cater to.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 September 2023

A restaurant which can cater only to the residents of a society is a bit unusual. Is the restaurant owner a contractor, to whom the premises are given rent-free or with rent by the Association.  Are other facilities like furniture for customers, kitchen utensils, gas etc. given free or on concessional rent. Are the costs of food items controlled by the association. Does the contract with the association stipulate that he should not cater to outsiders? Is it a permanent contract or for a finite period at the end of which either the contract will be renewed with revised terms and conditions or  fresh tenders will be issued so that other interested parties can also offer tenders?

Sudhir Kumar, Advocate (Advocate)     01 October 2023

if the restaurant is allowed as per society by-lws then it cnnot be compelled to resctrict its trade. it is prima-facie violation of fundamental rights.

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