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.
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 2 years ago in Criminal Law
Religion: Hindu
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15 Answers
Yes If the said acts are illegal then you can file FIR against individual in capacity of being members they have carried such acts
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
- 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..
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
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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.
Dear client,
it will not be difficult to file FIR if the offence has been committed.
Thank you
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.
if the acts of the MC members attracts any penal offence you can maintain the complaint even if they resign.
If MC members have managed to get false certificate from structural engineer that I have made 6 inch hole in concrete beam to fix my toilet outlet whereas the hole was present in original structure as is in all flats of the building and now I have thru BMC got clear certificate that the hole is original and not done by me what penal offence will this be ? I can prove easily that the MC was aware of the facts but opted to frame me. Motive was to keep me out of society due to vengeance they have against me. Can I file an FIR with this ? I have all the required documentation.
Asked 2 years ago
Members of managing committee have in collusion with structural engineer fabricated documents to implicate you
file case under section 464,465 of IPC
Dear client,
yes, you can file FIR for such false information and deceiving with the present documentation you have.
Thank you
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.
Yes you file the same against them if a criminal offense is made out
It is a good piece of evidence in your hands. You may proceed to lodge a criminal complaint.
- 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