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Sarin Pillai   12 April 2025

Called out deviations, but rwa flipped the script, blamed us, resigned without notice

We reside in a flat owned by us in Icon Luxuria, Bangalore. The apartment’s AMC consistently fails to deploy adequate manpower and delays basic maintenance activities, yet enforces rules strictly. Even for a simple request like sharing the byelaws, they require seven working days — and when reminded, they respond aggressively and try to portray us as troublemakers.

We have raised valid concerns, including irregularities in elections, conducting meetings without sharing agendas (despite byelaws clearly requiring a 21-day notice with purpose, date, and time), adopting decisions without quorum, and failing to reflect these issues in the minutes for future correction.

After raising these concerns, the management committee abruptly resigned with just a five-working-day notice, stating in their resignation that our attempt to hold them accountable — and mention of potential legal recourse if discussions failed — was the reason for their exit. They also informed all vendors that they would be relieved.

A few vocal supporters of the committee have since been used to further project us as the problem and demand that we “resolve” the situation, causing us significant mental harassment. They label our intention to pursue legal remedies as creating a “ruckus,” simply because we don’t subscribe to a primitive model of public arguments and shouting matches.

We’ve consulted a lawyer in the Karnataka High Court who advised that we can file a writ petition, especially since the matter includes election disputes, and get stay on their resignaiton, as it happened after conducting various legal deviaitons. I’m also considering filing a criminal case regarding the targeted harassment and personal attacks made against us in WhatsApp groups controlled by the committee and their supporters, especially on my wife who is a member of the group. Can we get clarity on the possibility of filing criminal cases and also to resolve the issue, if no one come forward to form an AMC. 



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

If the RWA is registered under the Karnataka Societies Registration Act or the Karnataka Cooperative Societies Act, complaints can be lodged with the respective Registrar.

File an FIR for mental harassment under Sections 79, 80, 85, and 86 of the BNS. It may involve a range of behaviours, such as intimidation, humiliation, verbal abuse, exclusion, or spreading malicious rumours about the member of the association. When you meet them next time, video record their conversation and the acts of abuse and other alleged criminal activities, draft a complaint neatly and lodge it against the person(s) who werfe th4e cause for such stress and frustrations caused to you and your wife 

R.K Nanda (Advocate)     12 April 2025

Take help of local lawyer for proper legal guidance. 

Sarin Pillai   12 April 2025

Thank you Sir for the answer. Are they legally not responsible to quit without adequate notice and asking vendors to leave creating ruckus in the society, when the illegal activities are pointed out. Also I beleive that even if they resign, they are responsible for allt he deviaitons from bylaw during their tenure. Just want to clarify, get a second opinion on the lawyer we consultant saying that writ can be filed with high court directly as they deviated in the elction process, pushed for a whatsapp poll to understand how many vote against them, avoiding a ballot. Hope we can also get a stay as they didnt give the audited reports for last 2 years, and the first year, they collected money through cash and saying audits cannot happen for that period. 

P. Venu (Advocate)     12 April 2025

The facts posted are too general to suggest any remedy. Specific issues/grievancies , if any, could be taken up with the competent authority designated by the law under which the Society is registered. If not registered, the remedy is in a civil action. 

No Writ Petition lies in the given facts.

Sarin Pillai   12 April 2025

We have attached the details, as accurately and brief 

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

Writ petition is not maintainable, instead you can approach the registrar concerned or approach cooperative court for remedy and relief


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