• Legal charges from Hsg scty funds on criminal case ag 3 members

Secretary built illegal terrace shed .Got notice from Muncipal authorities in response to my complaint. Later Muncipal authorities demolished the structure. I got evidence papers under RTI. He instigated few members. Two members threatened me. I complained to police stn. And on the basis of NC & other supporting documents filed criminal complaint in the Court of Law. The legal expenses spent has been paid from society funds. Shown in the Audited Balance Sheet. In what way I can sue the Auditor, Accountant & All the Office bearers who directly or indirectly involved in this embezlement. Please suggest.
Asked 5 years ago in Property Law
Religion: Christian

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7 Answers

was any resolution passed in MC for using society funds for legal expenses?

2) were the audited accounts approved by MC ?

3) society should not spend society funds for payment of legal fees for defence of 2 society members

4) they have to meet the expenses

5) issue legal notice to society to direct the members to reimburse money spent from society funds

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Client,

Complain to registrar and ask him to freeze the accounts for misuse of funds.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

secretary cannot use society funds for defending himself

you will have to write to the deputy registrar of co-operative societies to remove him from the designation

you can also move a motion and call for an EGM with other prescribed number of members to obtain resignation of secretary and demand refund from him of the moneys used by him from society funds

if nothing fructifies then you will have to file a dispute case in Co-operative Court

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to obtain OC , to form society , pay compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

For the second question appropriate answer has been provided in the main question asked by you

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

File another complaint against them before the registrar office for the embezzlement and also file another police complaint for using the money for personal use

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Builder is not entitled to sell parking. However many builders try to sell car parks under the garb of 'allotment'

Car parks are common areas which are required to be conveyed to society once formed. It is for the society to then allot car parks to its members on basis of number of flats and car park slots.

If a shop is built at a site which is shown as entry in sanctioned plan then it is a violation. The Municipality may not issue OC unless this violation is removed. No changes to sanctioned plans can be made by builder unless he makes an application to amend building plans and obtains approval of local body

Owners do not need builder to form society. If the prescribed number of flat owners have been attained for forming a society, then they can appoint and authorise a chief promoter and other members can become promoters, all of whom can then make the requisite application to the deputy registrar of coop societies to register a society. Builder can join as member for his unsold units

If compound is reflected in approved plan then how can one partner of builder convert that into an access road? That is again a violation of building plans

You need to file a suit against the builder

Yusuf Rampurawala
Advocate, Mumbai
7559 Answers
79 Consultations

5.0 on 5.0

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