LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ankur Bhardwaj (Manager)     03 October 2024

Case against rwa

Our RWA has given balance sheet for FY 2023-24 after multiple reminders today. There are many discrepancies on expenditure part as many expenditures of large amounts are done on cash and not through cheques. Moreover they are not mentioning the collections done through temple etc 

 

Upon consulting it was decided to send them Lawyer Notice and then file criminal case under 408, 420. 

Now considering the above I have following queries:-

1. Can more than one flat owner collectively file FIR against president and Secratery of RWA or only individual complaint of one flat owner can be done?

2. What other remedy do we have other than filing of FIR for this matter

3. Do we need to form a association of flat owners (non registered ) if more than one flat owner decides to file the case simultaneously 

4. The elections of this RWA are already challenged in office of society and chits.

5. Under what provision FIR can be filed.

Regards,

Ankur Bhardwaj

Kanpur

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2024

1. Yes, the aggrieved members can collectively lodge a criminal complaint against the person who has done this offence.

2. You can take up the matter with the registrar of cooperative society for remedy.

3. An association is already functioning?

Ascertain the facts and gather documents to prove your allegations and then decide further course of legal action in consultation with a local lawyer.

1 Like

Ankur Bhardwaj (Manager)     03 October 2024

Dear Sir,

Thanks for reply.

 

The association is already registered and functioning.

 

Complain has been filed to Registrar for illegal elections of RWA but not for finanical irregularities.

 

My query is however if you want to file a criminal case against secretary and President can it be done by multiple residents simultaneously? Can multiple residents sign vakalatnama and hire a lawyer or only single resident is allowed one at a time? 

 

While filing complaint I am being told criminal complaint can only be filed by single person and if multiple residents want to file complaint they have to form association. Is that correct? Please suggest way out 

T. Kalaiselvan, Advocate (Advocate)     03 October 2024

An individual or a  group of members can file a criminal complaint against a Resident Welfare Association (RWA) for embezzlement or other serious offenses:

In extreme cases, such as bribery, extortion, misappropriation of funds, or threatening actions, you can file a First Information Report (FIR) under section 154 of the Code of Criminal Procedure, 1973. You can file the FIR with the SHO of the local police station.

If the RWA is violating your civil rights, you can file a complaint with the Registrar of Society. The Registrar of Society can stop the RWA from taking illegal actions and suspend its governing body

You can sue the RWA in the name of either the president or general secretary. The rules for suing an RWA vary by state.

If the police do not listen, you can complain to the magistrate. In case of violation of civil rights, a complaint can be made against RWA in the Registrar of Society. The Registrar of Society can stop RWA from taking illegal steps against you. It can suspend the governing body of the association.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register