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Tino Sequeira   12 July 2019

Depositing money in court to avoid harassment from assn

How to deposit money in the Court in Goa, India?

I have purchased a flat in a colony consisting of three buildings which have not been registered as a Society. The colony is called an Association and functions under the dominance of a member who is the original buyer having two flats, one stilted garage (which he has illegally enclosed and put a gate), 3 shops and bullies over the committee. Members are afraid to open their mouths or air their grievances.

At the GBM held recently which the original member dominated a resolution was passed to forgive the outstanding amount of around Rs.5+ lakhs towards annual maintenance for the shops, garage and covered parking. The original members has couple of friends who are well educated but somehow turned a blind eye to the irregularities existing due to the friendship with the original member.

When I bought my flat in 2013, I was coerced to pay Rs.20,000 towards transfer fee which is supposed to be paid by the seller and not the buyer. Due to harassment and fear of ostracizing, I paid the Rs.20,000 under protest.

Now the committee is after me to pay my dues from 2016 which I would like to deposit in the bank under a separate account or the court. This should be released to the Association if the following conditions are fulfilled:

  1. I sell my flat;
  2. The court decides to release the moneys

The reasons for my reluctance to pay at this stage is due to the extortion, harassment and injustice I have been subjected to:

  1. Even though I only own a 2BR flat, I am paying more than 80+% of the members as per attached proof.
  2. In 2015, when I received the financial statements I found something strange as per attachment.

I asked the Chairman why had the salaries and wages doubled and who were paid those salaries? I did not get a response and therefore withheld paying my dues till I received an explanation and due to other irregularities described separately.

  1. It has been established that 10+% members having 3 bedroom flats, garages, covered parking and shops have not been paying their dues for the shops, garages and covered parking for the past 20+ years and the committee decided to forgive those dues quite suddenly at the instigation of one original member who has been fighting tooth and nail to not pay his dues.
  2. Since 1999 the meetings have been conducted without proper protocol and when any issues were raised, they were held in abeyance. No follow up was done for almost all the issues if they benefited the members. If any issue benefited the Managing Committee action was taken immediately (e.g. paving).
  3. Most meeting were controlled by the committee and their family (gang of four additional committee appointed only to create a majority at the meetings) and rest of the members were shouted down if they tried to raise any issues.

Can someone please advise me how I can deposit my money in the court system in Goa, India to be released based strictly subject to the following conditions:

  1. I sell my flat;
  2. The court decides to release the moneys

Thank you kindly.

Attachment:

 



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 2 Replies

Shashi Dhara   12 July 2019

U file suit against them making them as parties in suit and deposit money in court by engaging civil advocate.

Tino Sequeira   12 July 2019

Thank you Shashi. That was very kind of you to respond. Can I please have your contact information to keep in touch with you when I come to Goa? Thanks again and God bless you.


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