‘theft’, ‘criminal breach of trust’ , ‘criminal misappropriation’, ‘falsification of account’
akash
(Querist) 13 April 2012
This query is : Resolved
I am member of co-op. hsg. society.Due to my oppose to various illegal acts conducted by the managing committee, they stopped to issue receipts for payments received by them on behalf of my flats in the society, from NOV. 2009 to till date. Despite of prompt delivery of cheques and dds from NOV. 2011 to FEB. 2012, they are making allegation that they didn't receive any cheques in the envelop, with malicious intention of harassing me, to show me as a defaulter in payment. I filed police complaint on 06-04-2012 but no FIR is registered by the police till date.
To,
The Sr. Police Inspector, Date:- 06-04-2012.
1. I had obtained various informations under RTI Act from various local civic authorities about the “illegal activities” carried out by the managing committee of the said society, including ‘illegal extension’ of the buildings of the society. Various complaints of the complainant are pending before the Joint Registrar, Co-op. societies, Navi Mumbai Municipal Corporation and CIDCO Ltd. As a vengeance, the managing committee of the said society started to threat and harass the complainant and on several occasions the complainant was compelled to approach the Commissioner of police, Navi Mumbai against the such harassment, safety of life and property of the complainant, against the committee members and other residents of the society. Due to continuous harassment, the complainant shifted his residence, from the society to the present address in the year 2009 and rented out his both the flats in the society.
2. All the managing committee members started to make defamatory allegations against the complainant and the complainant filed 4 criminal cases i.e. SCC 1433/2010, SCC 4405/2010, SCC 17114/2011 and SCC 18761/2011, all cases u/s 499, 500 and 34 of IPC, against all the 7 persons. In all the 4 cases the Hon’ble Vashi court ordered to issue process against all the 7 accused persons and the proceeding is under progress.
3. Regular Civil Suit no. 97/ 2010 is also initiated, claiming damages for Defamation, against all the committee members and in the said suit the application of the plaintiff for restraining all the 7 respondents for making defamatory allegations against the plaintiff( complainant) is partially allowed by the Hon’ble court, in DEC. 2011.
4. From NOV. 2009 onwards the Managing committee of the xx CHSL, stopped to issue receipts to the complainant for various payments done by the complainant to the society, towards the ‘monthly maintenance charges and non occupancy charges’ for his flats, in the society , without receiving mandatory bills/ demand notice from the secretary of the society. Complainant approached to the Joint registrar and Even the managing committee refused to issue receipts despite of the various written directions issued by the Joint Registrar, Co-op. Societies ( CIDCO), to the society, in this regard, till date.
5. Meanwhile, in the moth of Oct. 2011, a cheque of Rs. 660/- sent by the complainant to the secretary of the society with a request to issue receipts for the same and for all the previous payments done by me, with a copy of latest direction from the Joint Registrar, Co-op. societies( CIDCO) to the society, to issue receipts for all the payments, done by the complainant, to the society. Committee neglected my request as well as the said directions by the Joint Registrar and deposited the said in the society’s account with out sending receipt as well as reply to the complainant. The said cheque got bounced and the fact of such bounced cheque came into the knowledge of complainant in JAN.2012 when I made application to my banker.
6. In NOV. 2011, the complainant sent a cheue no. 535095 for Rs. 660/- in the name of the society, to the secretary, through speed post no. EM039674326IN dtd. 23-11-2011 and the same was delivered to the secretary on 29-11-2011 as per the status available on www.indiapost.in, website. No receipt issued by the society, till date.
7. In DEC. 2011, the complainant sent a cheque no.535096 for Rs. 660/- in the name of the society, with a request to issue the receipts for all the payments, through speed post no.EM891651725IN dtd. 07-12-2011 which was delivered to the secretary on 08-12-2011 as per the status available on www.indiapost.in. Society replied the said letter wide letter dtd. 25-12-2012 admitting the receipt of all the payments as per ref. letter 05-12-2012 and further mentioned that they are unable to issue the receipts for all the payments, despite of receiving all the payments. In the said letter their was clear admission of receiving the cheques and there was no allegation about not receipt of any previous payments including the said cheque payment in NOV. 2011.
8. Despite of receiving above both the cheques in NOV.2011 and DEC. 2011 the society filed a criminal case, in the matter of bounced cheque of Rs. 660/-, u/s 138 of NI Act, against the complainant in JAN. 2012 and after receiving the summons, complainant filed an application before his banker i.e. SBI and immediately after knowing the fact of said cheque bouned, complainant sent a Demand Draft no. 800164, dtd. 01-02-2012 for Rs. 2800/-, to the chairman, at his residential address, with a request to issue receipt for all the payments including the said DD. Said DD was sent through speed post no.EM109235479IN dtd 02-02-2012 and was delivered to the chairman on 03-02-2012 as per the status available on www. Indiapost.in, website.
9. The said fact of sending the DD of Rs. 2800/- to chairman, with the releavent documents was also submitted by the complainant in the Hon’ble court on the first date of appearance i.e. 10-02-2012, and a copy of the same was also given to the complainant society. Society did not took any objection about delivery of said DD, before the court, on 10-02-2012 and during the further dates of hearing on 03-03-2012 and 17-03-2012.
10. In JAN. 2012, the complainant sent a cheque no.354994 for Rs. 956/- dtd. 23-01-2012, in the name of the society with a request to issue the receipts for all the payments and to furnish details of outstanding amount given to the tenant’s of the complainant, through speed post no. EM079190198IN dtd. 24-01-2012, which was delivered to secretary as per the status available on www.indiapost.in. Society didn’t reply the said letter till date.
11. On 20-02-2012, the complainant received a letter dtd. 17-02-2012, on the letter head of the society, signed by chairman, secretary and the treasurer of the society making various false and defamatory allegations against the complainant, and insisted upon me to appear personally at the office of the society. In this letter dtd. 17-02-2012 also, there was no allegation about not receipt of ‘cheque payments’ in NOV. 2011, DEC. 2011, JAN.2012 and ‘Demand Draft payment’ of Rs. 2800/- in FEB.2012.
12. Due to repeated defamatory allegations, harassment and mental torture from the above both the persons, the complainant got depressed and On 29-02-2012, the complainant sent an application ‘u/s 32’ and ‘Rule 27’ of Maharashtra Co-op Societies Act, 1960 and Rules 1961, addressed to the Secretary/ chairman of Tapasya CHSL, requesting them to provide the certified copies of 14 nos. of documents from the record of the society’s office, to know the actual positin of his payments to the societies etc. An envelop containing the application dtd. 29-02-2012, a Demand Draft no. 800649 dtd. 29-02-2012 for Rs. 300 as an advance payment for the want of above documents was stapled with the covering letter, was dispatched on 29-02-2012 through speed post no. EM 109242188 IN, to the secretary from the post office. As per the status shown on the web site, www.indiapost.gov.in the said consignment no. EM 109242188 IN was delivered to the addressee i.e. secretary on 01-03-2012.
13. Due to various threats from the managing committee members and other members of the society, I feel there is danger to my life from above both the named persons as well as some other members of the society, which names are already given to the Commissioner of police, Navi Mumbai. Otherwise also there is no need to visit personally, since I have made payment through post and society can issue receipts also through post at my residential address. I have sent a letter dtd. 16-03-2012 to the secretary, along with the copy of latest direction ref. no. 2012/754 dtd. 14-03-2012 by the Joint Registrar, Co-op. Societies ( CIDCO) to the secretary/ cjairman of the society and demanded for various pending receipts as well as the records of the society as per my previous application dtd. 29-02-2012. I have sent copy of the said letter dtd. 16-03-2012 to chairman of the society, Joint Registrar, Co-op. Societies( CIDCO) and to statutory auditor of the society for the year 2010-2011.
14. On 02-04-2012, I received an envelop through speed post no. EM 15325066050 IN dtd. 22-03-2012, from BARC post office. In the envelop I got a letter dtd. 17-03-2012, addressed to me, on the latter head of the society, and signed by secretary, chairman and treasurer of the society. The content of the letter is shocking for me. In the said letter dtd. 17-03-2012 it is mentioned that the society received my said envelop dtd. 29-02-2012, but they denied to receipt of the said Demand Draft no. 800649 dtd. 29-02-2012, despite of Prompt delivery of consignment by the Indiapost, which is blatantly false in my opinion. It is impossible , unless someone theft the said DD. Futher , they mentioned in the aid letter that they are unable to understand the content of my said application dtd. 29-02-2012. This second part of this letter clearly shows their intention of not to disclose the documents sought by me, through my said letter dtd. 29-02-2012. Immediately after receiving the information of ‘non receipt of DD’ by the society, I have sent e-complaint addressed to the Sr. police Insp, Rabale Police Station, to the Commissioner of police, Navi Mumbai and DCP of Navi Mimbai on e-mail addresses “cp.navimumbai@mahapolice.gov.in” and “cp.navimumbai.dcp.hq@mahapolice.gov.in”. The same e-complaint is also registered on official website of reportacrime@mumbaipolice.org under registration no. #9189 and #37283 on 02-04-2012. The said fact is also brought in the knowledge of the Joint Registrar, Co-op. Societies( CIDCO) through a letter dtd. 03-04-2012.
15. Further, On 04-04-2012, an envelop was received at my above residential address, through speed post no. EM057687330 IN dtd. 03-04-2012, sent by Secretary. In the envelop I received a letter dtd. 31-03-2012, addressed to me, on the latter head of the society, and signed by only the chairman of the society. The content of the letter is again shocking for me. In the said letter apart from various false and defamatory allegations against me, it is mentioned in para 5 on page 2 that “ As mentioned in your letter ( ref. letter dtd. 16-03-2012) , this is to intimate you that you did not sent any mentioned cheques and Demand Drafts to the society , so there is no question of depositing the same……”.
The circumstances now lead me to believe that the alleged non receipt of i) cheque no. 535095 dtd. 23-11-2011 for Rs. 660/- , ii) cheque no. 354994 dtd. 23-01-2012 for Rs. 956/- iii) Demand Draft no. 800164 dtd.01/02/2012 for Rs. 2800/- and iv) Demand Draft no. 800649 dtd. 29-02-2012 for Rs. 300/-, despite of prompt delivery to the correct addressee, by the Indian post, is not a chance happening , but a well planned Criminal Act by chairman and secretary, either alone or with the common intention with the help of other committee members of the society.
Thus it is submitted that, secretary and chairman are guilty of indulging in conspiracy to commit the crime of theft and destroy of the i) cheque no. 535095 dtd. 23-11-2011 for Rs. 660/-, ii) cheque no. 354994 dtd. 23-01-2012 for Rs. 956/- iii) Demand Draft no. 800164 dtd.01/02/2012 for Rs. 2800/- and iv) Demand Draft no. 800649 dtd. 29-02-2012 for Rs. 300/- and other payments received from NOV. 2009 to till date, from the concerned envelops received by them, despite of prompt delivery of envelops to them, with the sole purpose of mental harassment, financial loss, bring disrepute to the complainant, before the society, and various civic authorities including Hon’ble JMFC Vashi court, with fraudulent intention and with the ulterior motto of suppression of various illegal activities carried out by them being a member of the managing committee, not to disclose the record/ information of the society, sought by me which can further disclose the misappropriation of society’s fund by the present managing committee , which is illegally occupying the office of the society, as disclosed from the information received from the office of the Joint Registrar, co-op. societies ( CIDCO). Further they are willfully not issuing the receipts for the periods from NOV. 2009 to MARCH 2012 despite of various directions from the Hon’ble Joint Registrar, Co-op. Societies( CIDCO).
Unless and until there is a serious investigation from your end, the truth would not come out.
In view of the above circumstances , I request you to take action on this complaint, in 7 pages with 19 Annexures, signed by me, and submitted by me personally at Rabale Police Station, in person, with all the concerned documents, register a case of ‘Theft’, ‘Criminal Breach of trust’ , ‘Criminal misappropriation, Falsification of Account’, and ‘Forgery for purpose of harming reputation of the complainant’ against , Chairman, CHSL, , Navi Mumbai-400708, u/s 405, 406, 409, 378, 380, 420, 469 and/or other suitable sections of IPC.
Applicant
NO FIR IS REGISTERED BY THE POLICE TILL DATE. PL. GUIDE ME WHAT TO DO?
ajay sethi
(Expert) 13 April 2012
my god what a long story .
has the society managing committee executed indemnity bond?
have you riased these issues in AGM of no receipt been given ?
in the audited accounts is your name amon the defaulters?
if police is not registering FIr move court under section 156 (3) for investigation
akash
(Querist) 13 April 2012
Thank U sir.
Yes. Managing committee elected in OCT.2008 as per 'new model bye laws', whereas the 'new model bye laws' are not adopted by the society till today. When I raised the issue before the Joint registrar, the chairman submitted in writing to reduce the terms of committee to 3 years from 5 years, but , now they are illegally continuing in the office.
They executed the bond.
They are not sending any intimation about AGM.
In last audit report they shown me defaulter without even issuing me a formal notuice, showing any outstanding.I submitted my objections to the society and Registrar also. But no positive result so far.
ajay sethi
(Expert) 13 April 2012
you will have ultimately to move cooperative court
akash
(Querist) 13 April 2012
Sir, despite of prompt delivery cheque and DDs are removed from the envelop, is it not a criminal offence?
'Despite of receiving the payments, not issuing receipts' is not a criminal offence?
Despite of receiving the payments showing as a defaulter is not a falsification of Account with the intention to bring disrepute to me, is it not a criminal offence?
So, as your earlier response 'move court under section 156 (3)' is correct or co-operative court? Pl. guide me.
Shonee Kapoor
(Expert) 14 April 2012
I guess Ld. Sethi is advising you wisely.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 14 April 2012
frankly am saying.,
its too big story.. just make it short and sharp., you can get some more opinions..
-tom-
prabhakar singh
(Expert) 14 April 2012
आप के मसायल पर काफी मेहनत कर श्री सेठी ने बिलकुल ठीक परामर्श दिया है.
Kundan Kr. Singh
(Expert) 14 April 2012
Mr.akash don't worry you have lot of remedy in civil as wll as criminal law. Mr.Sethi advice is right.
further advice contact any local lawyer.
V R SHROFF
(Expert) 14 April 2012
Sorry, time cannot permit reading a LONG LONG Query.
be in short 10 lines imp point. This is not a Petition, only Query.
Co=op Court for any Resolution passed inAGM, that is against the Co-opn Soc Act, or Bye-laws or Mg Com of Soc acted ultra vires.
akash
(Querist) 14 April 2012
Thanks for all the members to spare time and for valuable advice.
