Running private tuition in flat is not commercial activity 

2) 

since you are staying in said flat you can use part of flat for tutions 

3) Supreme  court had categorically stated in the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on [deleted] decided by the MSC Appellate Court) it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute breach of bye-laws of a Co-op Housing Society.

 the cases of Lakshman Sintre v. Balkrishna Shetye, BLR page 937 and B. R. Oswas v. Laxmibai, BLR page 214 it was decided that when residential premises are used for dwelling as well as for business office purposes so however that the dominant user still remains residential, it would not be in breach of the bye-laws and regulations of the society as there is no change of user involved.

As per available information, giving tuition in your flat is not a commercial activity, as long as it does not cause any nuisance or inconvenience to other residents of the society. The Supreme Court of India has held that imparting education is a benevolent cause and not a business, and that a person can use a part of his or her residential premises for teaching purposes, as long as the dominant use remains residential.

However, some co-operative housing societies may have their own rules and regulations regarding the use of residential flats for tuition or other purposes. These rules and regulations may vary from society to society and may depend on various factors such as the number of students, the timings, the parking space, the noise level, etc. The society may object to your tuition classes if they violate any of these rules and regulations or if they affect the rights and interests of other members.

To deal with this situation, you may have to take the following steps:

• You have to check the bye-laws and regulations of your society and see if there is any provision that prohibits or restricts the use of residential flats for tuition or other purposes. You also have to see if there is any procedure or permission required for conducting tuition classes in your flat.
• You have to communicate with the society members and the committee and explain to them that your tuition classes are not a commercial activity and that they do not cause any nuisance or inconvenience to anyone. You have to assure them that you are following all the rules and regulations of the society and that you are ready to cooperate with them in resolving any issues or grievances.
• You have to seek prior permission from the society for conducting tuition classes in your flat and obtain a written consent from them. You may also have to pay some extra maintenance charges or fees to the society for using their facilities or services.
• You have to take some precautions and measures to avoid any disturbance or trouble to other residents of the society. For example, you can limit the number of students per batch, arrange for proper parking space, maintain a reasonable noise level, etc.

If the society still objects to your tuition classes or tries to stop them without any valid reason, you can take legal action against them. You can file a complaint with the registrar of co-operative societies or the co-operative court and seek relief such as injunction, restoration, compensation, etc. You can also approach a civil court or a high court and seek a writ of mandamus or certiorari against the society’s action.

You can run the same legally they can’t stop you. File complaint to consumer court or Dy registrar if they are harassing you

- As per rules of housing society, No commercial use of property in housing society, 

- Other side, A fixed area can be legally used for commercial purpose limited to official use only , i.e. can be used for services by resident advocates, chartered accountants, doctors ,tuitions, dance and yoga classes.

- Further, one can use the flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.

- Since, you are running the tutiion classes , then it not comes into a commercial activity .  

- You can give an undertaking to the managing committee of the society, that you are not running a commercial activity , and using the flat for services of the community after teaching threm , and further it will not create any trouble for other members of the society. 

There is no prohibition in law to conduct tuition classes at home.

If the tuition conducted by you is not creating  nuisance to your neighbors, besides if you reside in the same apartment/flat and use only a portion of the flat for this purpose then it cannot be objected by the neighbors or even the society cannot put any restriction on it until and unless you give an assurance that no board  or hoardings displaying the tuition classes, or noise pollution or undertaking to pay the higher maintenance due to massive usage of lifts by the students, security issues due to unknown students going through the society, to prevent annoyance or nuisance or inconvenience to other members/neighbors of the society.

You may even check the bye-laws and regulations of your society and see if there is any provision that prohibits or restricts the use of residential flats for tuition or other purposes.

You also have to see if there is any procedure or permission required for conducting tuition classes in your flat.

Taking legal action agaisnt the society will arise only when the society is formed and not before that, but in the meantime if the other owners of the complex complaint agaisnt you for nuisance and other issues, then you may have to undergo the additional mental stress due to this.

Wait for them to issue a legal notice after which you can decide further course of action 

Advocates, Chartered Accountants, small time agents like Insurance Agent, share broker, estate agent and tuitions class are allowed in the residential flats, provided such activities do not cause nuisance, annoyance and inconvenience to other members of the society.

Therefore, for asking you to pay additional maintenance charges and asking you to stop taking tuitions in your premises by your Society, make two separate complaints against the society to the Deputy Registrar of Co-operative Societies, under Bye-law No. 174(A)(xxii).

Dear client,  

Running a tuition center from your residential flat may or may not be considered a commercial activity depending on the specific rules and regulations of your apartment complex or housing society, as well as local laws. Here's what you can do:

Review Society Rules: Check the society's rules and regulations to see if there are any provisions that prohibit or restrict commercial activities in residential flats. These rules should be provided to you by the society or should be publicly available.

Engage with the Society Committee: If the society committee is objecting to your tuition center, try to have an open and respectful conversation with them. Discuss your point of view and explain how your tuition center may not violate any existing rules. Request that they provide specific reasons for their objection in writing.

Seek Mediation: If discussions with the society committee do not resolve the issue, you may consider seeking mediation or arbitration to find a mutually agreeable solution.

Giving tuitions to the students is not a commercial activity. There can be diverse view taking into consideration the nuisance if any is created by increasing number of students in a residential complex. Occupancy right of a member of the cooperative housing society including the terms and conditions and the purpose of the use of the flat are specified in its registered Bye-Laws. Since your society is recently handed over to its members, you need to go through the bye-laws and then if it says to seek permission then you may propose a permission letter to the committee members of the society and obtain their sanction for running your tuition class at your own residential premises. Members conducting tuition Classes in their flats in housing societies is quite common feature and the management is really at a loss to handle it properly without creating ill-will with in otherwise harmonious environment. Where a flat Owner seeks  prior permission to use the flat for tuition classes  it will be extremely difficult to refuse except on the ground that the proposed classes would pose serious threat to security and peace, excessive engagement of the lift which may cause a grave inconvenience to the residents, as also higher  running and maintenance expenses of lift, parking problems, where classes are proposed to be run as a professional activity by a member giving on rentals to a commercial organization etc. The managing committee would be well advised to put it up before the members in the general body meeting as the managing committee does not have an express/implied power under any Bye-law to consider such request and decide. However, needless to mention that there are catena of judgments of Hon'ble Apex Court that the bye-laws of the society hold supremacy over the Gujarat Cooperative Society act and regulations thereunder therefor in given set of facts, it is advisable for you to get the copy of registered bye-laws and thereafter if there is no express provision in it against the running of tuition classes then please place a request letter/ permission letter in appropriate form as stated above.