Badhrinath 21 December 2017

Pg accommodation in residential flats

Hello, I am residing in Chennai, There are 6 residential flats in my apartment out of which 3 are occupied by the owners (residential use) and the remaining 3 were let out to PG accommodation for Girls for the past 1 half year Due to this we (residents) finding nuisance in the common areas like terrace / parking areas where they bringing boys into the flats during day & night times causing disturbance to the residents and currently they dont have proper papers to run it as commercial (post residents complaint to the police) they are in the process of getting it... Even though he finally get his permission or not to run the PG, we residents oppose not to run PG in the flat we have reached out to lawyer to get a stay from the High court. Would we get stay in favor of residents. and moreover to run the PG the owner have not got concurrence from the residents without that they can succeed to run the PG? Need your views and suggestions

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 December 2017

I had replied to this post and then I found the following response from you. I was not able to log back into your post.

Thanks for your reply...

Yes i have apporced a lawyer on this issue, he is working to get a stay from HC.

My one question to you is evethough the owner of the PG flats somehow gets apporval from all the local corporation & police to run the PG as commercial in the residential place, whether the court can be in favour to run the PG or with the residents as i mentioned before the PG owner have not got permission from the residdents to run the PG in his flats.

And one more fear will be once the 3 flats become commercial automatically the common EB will automatically get converted into comercial? in this case we residents will be affected and to pay more money towards common electicity.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 December 2017

As you do not have a registered association or any kind of memorandum of understanding among the residents, there are no laws or byelaws for you to go by. The recalcitrant owner may be doing things based on existing laws of the land. You will have to go to court as aggrieved individuals with a clash of interests with the other owner. The court may have to decide based on merits only.