In a ruling that reinforces the authority of cooperative housing societies, the Co-operative Court at Thane has made it clear — if a society decides against commercial activity, its members cannot convert their residential flats into commercial premises.
The court, presided over by Judge Smt. B. P. Jadhav, fully allowed Dispute No. CCT 189/2023 filed by Suchak Co-operative Housing Society Ltd., Opp. Purnima Talkies, Murbad Road, Kalyan (West), District Thane. The opponents — Shri. Manish Bhosale and Shri. Sanjay Wagh, joint owners of Flat No. A/01 on the ground floor (share certificate No. 05) — have been permanently restrained from using the residential flat for any commercial purposes.
The flat was purchased in February 2019 via registered agreement for sale purely for residential use. In June 2021, the owners sought permission to open a business after losing their jobs. The society rejected the application citing its 2016 Annual General Meeting resolution, which explicitly prohibited granting No Objection Certificates for converting any residential premises into commercial use.
Supporting its stand, the society submitted a structural audit report dated 16 June 2023 by Mr. Rajesh T. Mhatre, which highlighted that the 39-year-old building requires major repairs. The society argued that commercial use would increase structural load and endanger residents. Neighbouring residents, including Mrs. Crescentia Ferrao (Flat A/03) and Mrs. Anita Dixit, a handicapped lady staying alone during the day (Flat A/04), filed complaints about constant footfall, people knocking on wrong doors, and resulting nuisance.
The society had issued multiple reminders and a legal notice dated 17 January 2022. It also wrote to the Kalyan-Dombivli Municipal Corporation requesting that no commercial NOC be issued. Although the Deputy Registrar, Co-operative Societies, Kalyan initially directed the society to grant permission, the society challenged it successfully in Revision before the Joint Registrar, who set aside the order.
The opponents were served summons but remained absent throughout the proceedings and were declared ex-parte. They also failed to lead any evidence. After examining the testimony of society secretary Shri. Uday Pralhadrao Patil and all documentary evidence, the court held that unauthorised commercial use in a residential flat violates society resolutions and legal provisions.
Judgment Delivered on 08 June 2026: The dispute was allowed. The opponents were directed not to use residential Flat No. A/01 for commercial purposes.
The case was filed on 08 November 2023 and decided after 2 years and 7 months. Adv. Manoj M. Bhandari represented the society.
This order sends a strong message to homebuyers and societies across Maharashtra: General Body resolutions prohibiting commercial activity in residential societies are enforceable, and courts will back societies when structural safety and resident comfort are at stake.
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