Civil Procedure Code (CPC)

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Apartment act - association matters

(Querist) 22 October 2019 This query is : Resolved 
The executive body of the association has failed to get the accounts audited and has not been cooperating with the auditor for completing the audit of accounts. They have withheld receipt books and some vouchers without which the audit can not be done,. In spite of repeated reminders, they are not coming forwarded to provide the same.

What action can a genera members of an apartments association can initiate against the executive body.
Need an expert opinion about the remedies available and procedure to be followed.
Kishor Mehta (Expert) 23 October 2019
You can approach the Dy. Registrar of CHS of your area with the complaint.
Dr J C Vashista (Expert) 25 October 2019
Provisions of State Apartment Act shall apply, which slightly differ in each state. However, Cooperative Soceities Act shall not apply in your case.
Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding.
Hemant Agarwal (Expert) 25 October 2019
1. An "Association (RWA)" is not under the Cooperative Societies Act and neither the Deputy Registrar of Societies has any jurisdiction to do anything in the matter.

2. A written application can be initiated with the registering authority of the RWA (typically the district charity commissioner) and request him to depute an officer to seize records & registers of the RWA and conduct the audit /scrutiny, at the cost of the Applicant. This could also lead to new elections to appoint a group of office bearers.

Keep Smiling .... Hemant Agarwal
A RADHAKRISHNA (Querist) 18 April 2020
As Shri Hemant ji has said that our Association though registered under the Societies Act of Telangana State, the Registrar has refused to intervene. We have complained to District Collector who has appointed the District Cooperative Officer for conducting an enquiry and submit the report. Though the DCO has attended the premises, he has not conducted the enquiry properly and left without doing any things. He has not even recorded the proceedings.

How to approach the issue for getting the books. What are the remedies available. Can we file a Criminal complaint to the concerned PS. Request for expert opinion.
Raj Kumar Makkad (Expert) 18 April 2020
As the registrar has refused to intervene and even collector has done nothing so a direction can be sought from the high court directing these public authorities to ensure the due compliance of the society rules vide which the proper auditing of the soceity on the basis of entire relevant documents under the possession of the management may be got ensured.

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