Legal Question in Real Estate Law in India

I reside in a cooperative housing society in Pune.We have recently formed the society.

one of the members has opened an IT office in his flat with 6-7 employees who do not make an entry into the register kept at the gate with security and enter the premises and use lift to go to the 8th floor office.The owner has neither taken permission from the builder nor from the society to use the flat as commercial premises.He denies that charges.The owner has not displayed the name plate of his company,but from the visitors we came to know the name of the company.The persons entering our society without our permission is a security issue.What can we do legally in this case?Can we approach police for security issue?

Another problem is of non payment of maintainance by 50% members who have given their flats on rent.what action can we take against them?It is difficult to run the society with 50% defaulters.Please advise.


Asked on 4/25/13, 11:00 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

26.04.2013

Dear Sir / Madam,

The member who is using his flat for commercial usage can be told that the Society is purely meant for residential housing purposes and that he should immediately stop commercial usage. You can approach the Registrar of Co-operative Societies to instruct the member to stop commercial usage of his flat.

Members who consistently default in the payment of Society maintenance charges are liable for eviction from membership. You need to involve the Registrar to compel the members to pay Society dues on a timely basis.

Regards,

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Answered on 4/26/13, 3:08 am


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