We are registered flat owners welfare association. The first Committee had malpractices accounts and did not conduct audit. However the second committee got the audit done and identified some amount as malpractices by the previous secretary . However he has threatened them that he will go legally and they issued letters but in vain . The second committee got the Audit done and auditor statement showed that dispute amount pending with earlier Committee. However in the tally they entered that missing amount with particular person name. However the third committee wanted to clean up the Accounts and during the AGM it announced the Accounts details as per tally and published as per tally that particular person name was written . Now the person has issued a notice to remove his name from the AGM minutes else will proceed as per law. However we have whatsapp messages from the second committee president that the particular person was responsible for malpractice . Now that particular person has issued notice that he will file a defamation case if his name is not removed. We have the proof of his ledger account in tally Nd whatsapp messages and audited statement from the auditor that the amount was due from the Committee Now what will be the consequences of his name is not removed. Should we reply him for the notice
Let him make complaints or file defamation case against apartment association.
Before he file case against association kindly register written complaint against him in the sub registrar office of apartments association in your area.
The sub registrar will take further care of it and perform audit report accordingly.
Engage a lawyer and reply to legal notice
2) truth is best defence in defamation case
3) if he has siphoned funds from society sue him
to recover society money after passing resolution in MC
Sir My worry is will the tally data be sufficient as evidence.the auditor reported as first Committee. But his name is not there.
Yes. The tally data is sufficient evidence
Here once you make written complaint with sub registrar office , the government audit will be done and they will take decision its like government body who works like quasi judicial.
He was member of managing committee
2) all members of MC maybe party to siphoning of funds
3) file police complaint against said office bearers
Yes if you have primafacie evidence of fraud you can continue against him by replying his notice stating to clear the dues or face legal action
Who ever committed this, shall be personally responsible. FIR can be file agsint him for cheating and criminal breach of trust. Audit report by independent agency is valid proof.
If it was found that a particular person had misappropriated the funds of the association, nothing prevented the association to initiate steps to recover the same from him, or at least that should have been endorsed in the minutes book.
If no steps were taken for recovery but just making a mention about the person
will in no way enable you to take any action.
You may get a report from auditor pointing out the malpractice by that particular person and initiate legal action to recover the amount embezzled by that person.
At the same time give a reply notice to that person denying his allegations and affirm that on the basis of the evidences in your possession he is held liable for the misappropriation now detected by the auditors.
Let him go to court, you can challenge his case properly in the trial proceedings.
If there is no evidence against him to prove that he only misused the funds for his own purpose then you cannot initiate any legal action against him therefore you may have to be very cautious while taking steps to initiate legal action against him.
The general rule is that all irrelevant evidence is inadmissible and all relevant evidence is admissible.
There will be no consequences if name is not removed if that person was responsible for maintaining the accounts of society.
You can send a legal demand notice to first committee for disputed amount as per auditor report.
Dear sir
Just file a police complaint and the investigation officer knows the ways to find out the necessary data to file charge sheet against true culprit.
