• What if Managing Committee resigns when I file FIR

I am a member of a society and the Managing Committee has committed a serious crime against me for which I have documented proof. I will be filing an FIR. I am wondering what will happen if the MC resigns and the registrar appoints a administrator. One lawyer told me that since the MC has done the act with resolutions etc. it will be difficult to file FIR against individuals. Whereas other lawyer says that since MC has acted in excess/abused power by falsifying records I can file FIR against individuals.
Asked 10 months ago in Criminal Law
Religion: Hindu

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15 Answers

No illegal act can  become legal just because it is done following  legal procedure. It is all the more serious as there is documentary proof of doing the act. You can file FIR and they will face the consequences of what they did.

Ravi Shinde
Advocate, Hyderabad
2833 Answers
42 Consultations

5.0 on 5.0

Yes If the said acts are illegal then you can file FIR against individual in capacity of being members they have carried such acts

Prashant Nayak
Advocate, Mumbai
27600 Answers
88 Consultations

4.4 on 5.0

You can file FIR against office bearers of society if they have fabricated records

 

even if administrator is appointed prosecution of ex office bearers would continue 

Ajay Sethi
Advocate, Mumbai
88406 Answers
6234 Consultations

5.0 on 5.0

- Legally you can file a criminal compliant against the managing committee  , and even after resignation of MC , charge for the offence will be framed against them . 

- Many complaints earlier have been filed under sections  420, 468 and 34 of IPC against the managing committee  for the offence of illegally elected the chairman and conducted society affairs illegally..

-Our of this you can also make a complaint to Registrar , and the Registrar is bond to send a show cause notice to Chairman and Secretary of your society..

Mohammed Shahzad
Advocate, Delhi
10057 Answers
122 Consultations

5.0 on 5.0

1. You may file Police FIR against individual names & mentioning their designations (eg. Anil Sharma, Secretary). Provide documentary evidences to Police and they will see under what sections of law the crime has been committed.

Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If you have the evidence, you can very well lodge a criminal complaint against the MC members concerned. They cannot hide behind any 'corporate veil' for exceeding and abusing their powers on the pretext of having passed resolutions at the MC meetings.

Swaminathan Neelakantan
Advocate, Coimbatore
1997 Answers
20 Consultations

4.9 on 5.0

Dear client, 

it will not be difficult to file FIR if the offence has been committed. 

Thank you

Anik Miu
Advocate, Bangalore
5027 Answers
53 Consultations

4.9 on 5.0

If at all you have any allegations agaisnt any individual in his personal capacity about the malpractice or misappropriation or fraudulent acts, you may have to name the individual only in your compliant, whether to register the FIR or not would be based on the nature of complaint and the seriousness of the crimes involved.

The management committee is not an individual against whom you can make a complaint with the registrar of societies  mentioning all the irregularities and seek to remove the committee and conduct fresh election to install new members. 

If any person as an individual has committed any rime against you you can give a complaint against the individual(s), but not against the committee on the whole because you have stated that the committee has acted on the basis of the resolution passed by the members of the association. 

T Kalaiselvan
Advocate, Vellore
78567 Answers
1557 Consultations

5.0 on 5.0

if the acts of the MC members attracts any penal offence you can maintain the complaint even if they resign.

Sricharan Telaprolu
Advocate, Hyderabad
158 Answers
69 Consultations

4.9 on 5.0

Members of managing committee have in collusion with structural engineer fabricated documents to implicate you 

 

file case under section 464,465 of IPC 

Ajay Sethi
Advocate, Mumbai
88406 Answers
6234 Consultations

5.0 on 5.0

Dear client, 

yes, you can file FIR for such false information and deceiving with the present documentation you have.

Thank you

Anik Miu
Advocate, Bangalore
5027 Answers
53 Consultations

4.9 on 5.0

You cannot file a FIR. 

You can lodge a criminal complaint against the person who has criminally offended you  but not for the reasons you have stated.

The Management committee is a body and not an individual.

If at all the MC is making a complaint against you with the concerned authorities, you can defend your interests with the help of supporting documents in your side.

You can drag the society to consumer court for their unjustified and unfair activities against you and seek compensation for deficiency in service as well as other reliefs. 

T Kalaiselvan
Advocate, Vellore
78567 Answers
1557 Consultations

5.0 on 5.0

Yes you file the same against them if a criminal offense is made out

Prashant Nayak
Advocate, Mumbai
27600 Answers
88 Consultations

4.4 on 5.0

It is a good piece of evidence in your hands. You may proceed to lodge a criminal complaint.

Swaminathan Neelakantan
Advocate, Coimbatore
1997 Answers
20 Consultations

4.9 on 5.0

- Yes, you can lodge a complaint ,and if no response then file a compliant before the Magistrate. 

- Further, you can also file a compliant before the consumer forum against the MC 

Mohammed Shahzad
Advocate, Delhi
10057 Answers
122 Consultations

5.0 on 5.0

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