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raghu (some)     16 June 2014

Ex secretary of apartment not showing the bills

dear sir/madam,

I stay at hyderabad,Telangana. my apartment ex-secretary is not showing the bills he spent on the apartment.there is money for which the treasurer and ex secretary are not showing the bills.when we checked some of the records it was found that funds were diverted.but they are not accepting. also they didnt change the cheque power signatures on our name and they are adamant to do it. they should do this things.pls help me in this regard and where should i file the case.suggest me a good HONEST lawyer at hyderabad as I dont want to drag the case and also i want to know if the court directs that whatever i spent for the lawyer fees will be collected from apartment maintenance or from those people involved.are there any punishments if they are found guilty?pls answer me ASAP.

Ragu

 



Learning

 7 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 June 2014

You are saying ex-Secretary. Have you got a new Secretary now?  How did it happen? Are you a registered association? Under what law is it registered?  Have you got bye-laws?

Sudhir Kumar, Advocate (Advocate)     17 June 2014

facts are not clear.

raghu (some)     17 June 2014

thanks for responding.Now we are the secretary for the apartment from november 2013.The society is registered under A.P Societies Registration Act, 2001.We have got the bye laws.

They are not transparent and the secretary used to look after all the duties of treasurer also from dec 2012 to march 2013.when i questioned him, another person is appointed as treasurer.the ex secretary is a friend of builder and he was given all the good facilities like good car parking near the gate etc.

I got doubt about their maintenance and asked to show the amount  spent far.they are reluctant to show the bills as it hurt their self respect. :(. After 6 months of constantly asking the treasurer we got the bills in which there are many loop holes.I was asking the exsecretary for his bills and he dont want to show  in the name of self respect.he dont want to even change the signature power on to our new committee.He indirectly wants to harass us by complaining about small things.he switches on the lights willingly etc etc..

 

pls help us by giving an advice.

thanks.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 June 2014

Societies Registration Act is a weak Act to deal with such situations. In Maharashtra any association registered under the Societies Registration Act has also compulsorily register under the Public Trust Act also which brings a high level of accountability on the part of the trustees. 

How many years old is your Society? How long was the ex-Secretary in the Managing Committee. Societies Registration Act requires annual audit of accounts. The auditor is appointed at the Annual General Meeting. Are your Society's accounts regularly audited? Are the audited accounts placed before the General Body meeting for passing?

I am myself not a lawyer and I do not know any lawyers in Hyderabad neither honest nor dishonest. The Societies Registration Act of Andhra Pradesh must be available on the internet. You go through that . The action to be taken will depend on your answers to the above questions. There may be more questions also.

Sudhir Kumar, Advocate (Advocate)     17 June 2014

if you feel that the funds are not accounted for then get a resolution from GB for forgiving them or for filing FIR in thana.

raghu (some)     17 June 2014

No auditing is done even for once.the builder handed over the apartment in dec 2012.the ex secretary worked till nov 2013.A corpus fund of one lakh each was deposited by 20 owners.and the bank account on the society name is opened after 3 months.i need to struggle a lot to make the builder deposit the corpus fund which this fellow didnt care.he was doing favour to the builder.can I file a case against the secretary for his negligence.the other owners dont care for the apartment as they rented them.when I write mails about these guys they dont respond. :( . Even if one respond it would be good. also they dont want me to write mails to other owners.What can we do In the general body.the president is a calm man n he dont want any issues even thou they do wrong...thats the problem in my apartment.i want to stop all these things ..pls advice...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 June 2014

Your Association is new and the previous Secretary was not there even for one full year. The problems faced by you could be teething problem. Is the previous secretary still a member of the Society? What is the reason that your previous secretary did not even complete one year?  Is the amount involved very large? Are you able to make an estimate of the amount 'diverted'.  You can make a criminal complaint against the previous office bearers.

You call an extra-ordinary general body meeting, discuss and decide what action should be taken. You cannot directly ask the General Body to give a decision. You make a proposal and let the general body vote on it with or without amendments.


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