When Matter Subjudice ...........?

TR Madhavan (Querist) 24 September 2010 This query is : Resolved
A year after the pronouncement of orders by the state consumer commission in favour of the flat owners and when the execution petition on behalf of the degree holders as well as an First appeal (condonation of delay) petition by the builder is pending before the state and national consumer commission, is it right on the part of the association President to give reply to a letter to the builder seeking information like
1. Notices send to the members for Elections
2. Result of the Election
3. Taking over and handing over charge of the various post, Books of Accounts
etc., etc.,
without consulting and taking approval of the standing counsel,executive committee/resident flat owners true and false information about the degree holders in the case.

The information has given ample oppurtunity to the builder a false private criminal complaint in court against the authorised person to scuttle the legal process.

What action has to taken against the person (being a state govt employee) by the authorised person who has put monetary problems,harassment, etc?

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Raj Kumar Makkad (Expert) 24 September 2010
Contempt of court proceeding can be brought against such person and moreover a civo suit seeking quashing of all illegal actions taken by such persons can be filed.

TR Madhavan (Querist) 25 September 2010
Sir, Please eloborate the procedure before filing contempt of court or civil suit against the President of our association. A notice has to issued before the proceedings through a counsel or a letter from the affected party side? The matter has denied justice to all the flat owners can the matter be brought before his superiors as he belongs to police department.

R.Ranganathan (Expert) 25 September 2010
First pass a resolution removing the President from the post. Appoint some one in his place as president, then only you can do something in these matters, otherwise it will be a continuous problem and headache for you all.