Mental Agony, Harassment etc ………. Need Help!
M. Jayalakshmi
(Querist) 25 September 2010
This query is : Resolved
It was in the common interest in 2005 then executive committee of our flat owners’ association decided to file a consumer dispute before the State Consumer Commission against the builder for deficiency in services etc. Twice letter were sent to all the flat owners. In January 2006 about 20 flat owners gave their consent to file the case. The necessary resolution was passed and the sec-retary filed the case.
My husband got elected as secretary in March 2006. His appointment was duly informed to the state commission. In January 2007, on personal grounds he resigned from the post of the secre-tary. The out going committee President in the annual report (Feb. 2007) did not mention about the resignation of my husband as secretary. He requested all flat owners to cooperate with the new body elect in related to the case.
The same person as President formed a Care Taker Committee (March 2007) with a group of flat owners, without bringing amendments in the bye laws. The committee wantedly avoided passing new resolution or revoked the earlier committee’s resolution (in my husband’s name) related to representing in the consumer dispute on behalf of the association before the state commission.
As per the instructions of the standing counsel my husband named as one of the complainants in the case filed affidavit and continued to handle the case till the pronouncement of orders by the state commission in July 2009. The Care Taker Committee ignored the consumer case, but, went a step ahead joined hands with other association in the area and filed two writ petitions in the High Court against the builder. As the reliefs sought were not proper, under the instructions of the standing counsel my husband as secretary of the association forced to file a writ in the High Court to avoid damages to the existing consumer dispute. The court and other expenses were borne by my husband (March 2007 till July 2009).
In Jan 2010, elections were conducted and my husband was re-elected as Joint Secretary. The case details and expenditure accounts were presented to the present President of the committee. He was also requested to call for a meeting of all flat owners as the builder failed to comply with the state commission orders. As there was no response from his side the degree holders again authorized my husband and an Execution Application was filed in April 2010 against the builder before the state commission.
During the end of May 2010, all the degree holders received notices and order from the National Consumer Commission of the First Appeal filed by the builder against the orders. The National Commission had awarded an amount to the respondents to appear before it in Sept. 2010. It was a condonation of delay petition. Before the expiry of the stipulate time, the builder came to hand over the amount to the association President. He informed him that, he is not interested in receiv-ing the amount and sign any receipt for the same.
My husband immediately informed the national commission about the non receipt of amount in time. But in June 2010 at a later date the present President accepted the amount and issued re-ceipt, without the knowledge of the executive committee or the respondents. A day later issued a letter to all the respondents to collect the amount in the meeting (date fixed was a month later) July 2010.
As per the summons of the State Commission, the builder’s counsel appeared before the State Commission (June end) and filed a memo along with the national commission order. But, on the same date through another counsel he filed a false private criminal complaint in another court against my husband and another flat owner under IPC sections 419, 420, 469, 448, 506 & 34. My husband and another person were forced to apply for Anticipatory Bail. This was later awarded by the court.
The present President had issued a letter to the builder with true and false information, which he utilized and filed the private criminal complaint. Due to implication in the false case my husband as the authorized person did not accepted the amount awarded by the national commission from the present President.
The builder appealed before the National commission about the summons issued and obtained an interim stay and the same order was submitted before the state commission in July 2010.
The false complaint matter was informed to the State and National Commission by my husband. But, the builder has not disclosed the same before both the commissions. The investigation by the police is pending.
The national commission in its latest order says as follows; “No one appears for the respondent-association despite the appellant having complied with all the directions contained in the earlier order, which is also acknowledged by the respondent-association. Heard. Admit. To be listed on (March, 2011) before the Registrar for fixing a date of final hearing. Interim order to continue.” The State commission has also adjourned the case to April 2011.
After the false criminal complaint filed by the builder, the co-degree holders and other flat own-ers have not come to the rescue of my husband. They are remaining aloof.
My husband has been put to mental agony, harassment and financial problems. In this matter I need help as my husband is cheated and intimidated want to bring the culprit to books as well as make others feel the responsibility (as most of them are government employees).
I hope that, experts will give their advice and the same will be placed before all the flat owners as notice.
Ajay Bansal
(Expert) 25 September 2010
YOUR HUSBAND SHOULD ALSO FILE A CRIMINAL COMPLAINT IN THE COURT AND SAID COMPLAINT COULD BE WORKED AS A CROSS-CASE.
M. Jayalakshmi
(Querist) 25 September 2010
Sir, thanks for your sugession. I have already filed a petition before the AP Human Rights Commission. The commission has instructed to the concerned Asst. Commissioner of Police to report. He failed to file the report earlier. Now it is posted in Nov. 2010. Is it right what I have done?
