Fraud by welfare association
Mohammed Rizwan Shaikh
(Querist) 11 March 2014
This query is : Resolved
A welfare association was formed in the year 1990 under Societies Registration Act to take care of the Common amenities of the 24 buildings.
There's a ground which is the 15% RG plot of the 24 buildings. Since its inception, the marriage functions of the residents and outsiders are being carried out on the said ground. The welfare association charges 30K for the residents and 60K for outsiders.
Few residents now demanded the President to give the record of the money accumulated by the said Association. Several letter has been dispatched but he denies to accept them. Since past 15 years there's no election in the Managing Committee and no audit report. We even filed a complaint with Charity Commissioner but no action has been taken by them.
The residents now has formed another society to take some serious action against the said Welfare Association and President.
One of our resident even filed Misc. Appl. ABA in the City Civil Court, but he failed to get relief.
So now what legal remedies are left with the newly formed Association to take criminal action against the said Welfare Association and President. The president has usurped crores of rupees generated from the common amenities and failed to give record for the same.
Please help Experts
Rizwan Shaikh
Mohammed Rizwan Shaikh
(Querist) 11 March 2014
Sorry Misc. Appln ACB
**One of our resident even filed Misc. Appl. ACB in the City Civil Court, but he failed to get relief.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
Since charity Commissioner has not taken any action then a writ mandamus can be filed against charity commissioner in High Court
Sudhir Kumar, Advocate
(Expert) 11 March 2014
Since it is a case of financial embezzlement a complaint can be maded in local thana and writ mandamus can be filed in high court if they take no action.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
you have not stated if any of the office bearers is a public servant by profession. SO no advise can be given on that aspect.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
Further it is stereotype story. Whenever RWA is formed the first President ij many cases mistakes himself as the Zamindar with birth right to continue as President till last breath.
You have also not commented whether he is paying his maid and newspaper vendor and any cut from milkman etc.
Please get copy of bye laws of your association (which President doe snot give easily).
You have already sent him notice which I believe he has returned to Postman so it is deemed to have been served.
Mohammed Rizwan Shaikh
(Querist) 11 March 2014
Namaste Sudhir ji,
Many thanks for your inputs.
Please note that there's no Office Bearers, as there were elections conducted since past 15 years and He has been swindling the funds since then.
We even approached the bank in which the said associations account is being operated via. RTI showing the bank that its a matter of larger public interest. Unfortunately, bank denied the RTI stating that the said bank doesn't comes under the ambit of RTI.
Now, we've learnt that the President is completely messed up, he has started managing people and making false audit reports.
Please help with the sections under which we can take stringent legal action against the said president/ crook.
ajay sethi
(Expert) 11 March 2014
file criminal complaint of cheating , criminal breach of trust against office bearers
Sudhir Kumar, Advocate
(Expert) 11 March 2014
Govt banks do come under RTI but they cannot disclose account details.
They will disclose these details to police when embezzlement complaint is made.
You are allowing him a lot of time to cook up audit report. So it is not his fault.
R.K Nanda
(Expert) 11 March 2014
agree with experts.
Rajendra K Goyal
(Expert) 11 March 2014
In such a situation lodging FIR is the way left.
Guest
(Expert) 11 March 2014
Well advised.
Mohammed Rizwan Shaikh
(Querist) 12 March 2014
Many Many thanks Experts for your inputs......God Bless u all....
Raj Kumar Makkad
(Expert) 12 March 2014
Criminal complaint is the only remedy against such person.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
Yes criminal complaint for embezzlement of public funds, breach of trust, cheating, misusing official position for personal gains etc can be lodged with nearest police station, this will fetch you the desired relief at the earliest once the office bearers are summoned by the police officials.
