CHEATING AND INTIMIDATION ETC

TR Madhavan (Querist) 23 September 2010 This query is : Resolved
Our flat owners’ welfare association is registered under A P Societies Act in 2003. Most of the resident flat owners are either state/central government employees rest private and retired persons. Generally any complaint about the association brought before concerned registrar of societies they do not act. I have some questions hope I get proper answer and advice to act accordingly.

1. Is it true that, A P state government rules person working with Police Department as Constable/Driver/others cannot hold any Office Bearers post in any resident/flat owners’ welfare association? Does he/she need to take permission of his superiors before taking up the post?

2. Our flat owners’ association bye laws do not have any clause to form a Care Taker Committee. But, it was formed with out bringing an amendment in the bye laws. The committee formed and its decisions are legally valid? If not, what is the action to be taken by the member or members?

3. Our flat owners’ association had filed a case in the A P State Consumer Commission against the builder of our block for deficiencies in services. Necessary letters were sent to all the flat owners’. About 20 flat owners gave their authorisation and after passing necessary resolution in the executive meeting a case was filed. A year later another person took over as secretary, necessary information was given before the commission through a memo. A year later due to personal reasons the secretary resigned from the post. A care taker committee was formed and they failed inform the commission about the change in secretary. The Secretary, who handled the case earlier, was named as one of the complainants in the case was forced to handle the case till the pronouncement of orders. The orders came in favour of all the flat owners. Was it wrong on his part to handle the case till the pronouncement of orders?

4. Can the care taker committee formed file a fresh case in the high court as one of the party with other association against the builder? The case filed was not informed to the complainants in the consumer case as well as to most of the flat owners is it proper?

5. When found the petition filed by the care taker committee before the high court does not claimed proper reliefs, the person duly elected as secretary earlier election, who had a necessary authorisation from the earlier executive committee, which was not revoked. Having ample evidences against the builder does he have the powers to file a fresh case before the high court as the secretary of the association?

6. A year after the pronouncement of orders in favour of the flat owners and when the execution petition on behalf of the degree holders as well as an appeal petition by the builder is pending before the state and national consumer commission, is it right on the part of the association President to issue a letter to the builder without consulting and taking approval of the executive committee/resident flat owners true and false information about the degree holders in the case?

7. The letter has become handy to the builder who filed a false private criminal complaint against them to scuttle legal process. FIR is filed, the investigation is under progress. The victims obtained anticipatory bail. In this connection what action can be initiated against the president of the association by the victims?

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