Release of court ordered amount
M. Jayalakshmi
(Querist) 18 December 2011
This query is : Resolved
This the statement given by the president of our flat owners welfare association before the police in a criminal case."Our, association is no way concerned with the consumer court case and it is their individual. Our builder has sent a bank draft for Rs. 15,000/- in the name of association, towards travel and allied expenses of consumer court case. But we refused the same, but ex secretary conducted urgent meeting with concerned consumer court case members and asked to receive the cheque. According to their request and as per the court directions, we
received the cheque and deposited the same on our association account and same was informed to the authorised person appearing before the commission and other
members. Since, then the amount is in the account of our association."
Due to his other type of statement earlier, the builder has filed criminal complaint against authorised person. He was forced to go for bail and obtained. Informed the National Commission amount has not been given to him by letter. Basing on above statement can the authorised person write to the president to release amount immediately. Please advice.
Raj Kumar Makkad
(Expert) 18 December 2011
It is legal right of such person whose amount has been withheld by association in its account without any authorization and especially in the light of the aforesaid statement of the President of the society. Obtain this amount as soon as possible as it is also accruing interest in the account of the society.
Devajyoti Barman
(Expert) 19 December 2011
First give the information what was the ' other type of information' and what type of case the builder has filed against him.
Your query lacks all the necessary details.
prabhakar singh
(Expert) 19 December 2011
Yes!query lacks the necessary details.
Guest
(Expert) 19 December 2011
Dear Jayalakshmi,
Sorry to point out, disjointed facts may not bring you the right advice. For example, you have not stated, who were the parties to consumer case, travel expenses for whom the builder deposited, authorised person on behalf of the association or the individuals, who did not give the amount to him and for what purpose, what was the issue of criminal case against the authorised person, and in whose favour the court ordered to release the amount?
