Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mesuggest (prop.)     21 March 2015

Misdeeds of society's secretary

Sirs/Madams,

In one registered housing Society situated in District Thane, one Flat owner, in the month of June 2014,  had given his Flat on rental basis for two years to one Mr. R. and went abroad and he is expected to come back in the month of December, 2015 and his contact numbers are only with the secretary of the said Society who has muscle power.

 

Shockingly when we visited the Mahanagar Palika to see our own dues then we came to know that the said Mr. R (Licensee) with help of the said Secretary of that Society has got transferred the Property-Tax Bill (House-Tax-Bill) in his own name without knowledge of this Fact to the said Flat owner.

 

When we informed the facts to the concerned Officers of Mahanagar Palika then they behaved rudely and tragedy is that the said Flat owner cannot be contacted by us because his numbers are only with the said Secretary of that society. 

 

Hence, we contacted some resident-members of that society but these members are afraid of the secretary who has muscle power and hence refused to lodge any complaint.

 

Query

(i) Whether we (being outsider) can legally represent the matter to Mahanagar Palika and can we enforce the Mahanagar Palika to look into the matter ? 

(ii) Whether can we lodge complaint in Police Station against the local officers of the Mahanagar Palika, secretary of the society and that concerned licensee ? 

Kindly Guide,

HARIOM.



Learning

 3 Replies

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

Since you are an outsider and not affected by the above transaction in any way, you do not have locus standi in the matter to file a case. Moreover, since you had not contacted the original owner yet, you cannot be sure that if this had happened with the consent of owner. Try to check this point with original owner.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 March 2015

Sir, You can lodge a complaint , its a crime of fraud which against the whole world I.e. Right in rem and not like civil law which is merely a right in personam..... Yes file a complaint and make sure the truth comes out .... Regards Kapil Chandna Adv 9899011450

mesuggest (prop.)     22 March 2015

Sir,

I know that this had not happened with the consent of owner.

Thanks to both respectables.

HARIOM.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register