Flat owners association matter

TR Madhavan (Querist) 11 December 2011 This query is : Resolved
Duly elected body of an association passed a resolution in the executive committee meeting and filed a consumer dispute in the court in the name of the association and along with other flat owners named in the plaint. The consumer court passed the orders in favour of the association and others named in the case. The opposite party filed an appeal against order before the commission. At this juncture, the newly elected president and secretary of the association having the knowledge of the orders as well as the appeal pending, gives a statement before the police in a complaint filed by the opposite party against the previous two secretaries that, “the previous Secretary along with (19) Flat owners filed a petition before consumer court against the builder. Subsequently, it was handed over to his successor. But till date the successor has not handed over any documents to our association. Our, association is no way concerned with the consumer court case and it is their individual.” As per law is it valid? What further necessary action can be taken against the president and secretary by the individuals named as respondents in the police case?

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Raj Kumar Makkad (Expert) 11 December 2011
The statement is absolutely wrong and the present office bearers are in perpetual succession of their previous office bearers as such new office bearers should be got removed from their posts by general house.

Guest (Expert) 12 December 2011
If the newly elected president is working against the interests of the association, he should be removed by impeachment by 2/3rd majority of house by calling a special general body meeting clearly spelling out the purpose in the agenda for general body.

prabhakar singh (Expert) 12 December 2011
The statement by them is not only irresponsible but also against the interest of society its members and shows their collusion with the builder /opposite party and their this very act disqualifies them to hold office hence course of their expulsion and removal from office by General Body no confidence motion is the way to meet out problem posed before the members of the society.

Dr J C Vashista (Expert) 12 December 2011
Calling a special general body meeting and passing a "No confidence motion" against the office bearers acting against the interest of society, is the right answer

M V Gupta (Expert) 13 December 2011
I agree with the above suggestions. Such Office bearers do not desererve to continue in thier office. Memebrs should be alert against such persons and act immediattely otherwise these persons will spoil the general atmosphere and may act against interests of the Association in future also.

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