Misappropriation by an accociate member

ramakrishna.r.b (Querist) 17 November 2016 This query is : Resolved
An Associate Member who is the father of her daughter (owner) misappropriated the Management Funds to the tune of Rs 1.5 Laks after becoming MC Member. Assn filed a police CASE and FIR was lodged. Police tried their level best to recover but associate member says he is not responsible as he is not the owner of the flat. Is it possible to recover the amount thru court? Owner has not given any affidavit stating that she will be held responsible for the acts and deeds of her father who is an associate member. By virtue of her membership her father has become associate member.

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ramakrishna.r.b (Querist) 17 November 2016
An Associate Member who is the father of her daughter (owner) misappropriated the Management Funds to the tune of Rs 1.5 Laks after becoming MC Member. Assn filed a police CASE and FIR was lodged. Police tried their level best to recover but associate member says he is not responsible as he is not the owner of the flat. Is it possible to recover the amount thru court? Owner has not given any affidavit stating that she will be held responsible for the acts and deeds of her father who is an associate member. By virtue of her membership her father has become associate member.

Rajendra K Goyal (Expert) 17 November 2016
If FIR has been lodged, he would be punished for his misdeeds.

Recovery of funds is not ensured through criminal case.

Rajendra K Goyal (Expert) 17 November 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Associate-Member-rights-in-Apartment-RES-KARNATAKA-623196.asp

http://www.lawyersclubindia.com/experts/Associate-Member-rights-in-Apartment-RES-KARNATAKA-623191.asp