I represent some people who are members of Public Trust which is registered under BPT Act 1950 & Societies Reg Act 1960.
Section 36 of BPT Act 1950 says that pre-sanction of charity commissioner for sale/mortgage of immovable property of public trust is must irrespective of whatever is mentioned in the the bye-laws of trust. Approved/Regd bye-laws of the Trust also specifies that pre-sanction of the charity commissioner has to be taken. Indian Registration Act 1908 says registration of any sale deed concerning immovable property of public trust should accompany pre-sanction by charity commissioner as envisaged under section 36 of BPT Act 1950.
As per trust objective, an open plot was purchased for construction of shops/flats for the members for which members contributed substantial amounts. Construction was to be done either by taking loans or by contribution from members.
The Trustees particularly President & Treasurer conniving with 2-3 members played fraud. They informed members Trust will do the construction and all necessary formalities will be completed. Quotations from builders were called and in the meeting it was decided to give construction work at some rate to X builder. Later on we came to know that the partners of the builders were none other than the President, Treasures and their wives. There wives were also the members of the Trust. They never showed any agreements or contracts. We got copies under RTI of these contracts and it was found that Trust gave all the development rights to the X builder and also executed irrevocable power of attorney. By these documents these trustees started asking exorbitant money from the old members and denied possession of the shops. They sold other shops and flats to outsiders by making them members of the trust. They did all the malpractice like resolution with forged signatures etc.
We complained to Police, Charity Commissioner but there is not action of by bureaucracy because they are managed by these builders.
The President Trustee/Builder and his mates are now worried about civil suit. We want to file criminal case against them. Hence I need proper guidance from the experts of this forum as to how to go about it. My questions for guidance are as follows:
1) How to complain to Charity Commissioner and under what section. Members have already complained and numerous reminders have been given. But there is no action from Charity Commissioners Office.
2) In light of the provisions of BPT Act and Regn Act mentioned above, how to complain to District Registrar - Stamps & Registration for canceling the Power of Attorney, Development Deed and Sale Deeds for the Trust property.
3) Can we file criminal case and on what grounds and under which sections ?
4) Can we go to consumer court ? The issue is pending since 2005. (Members have the allotment letters issued by Trust and also the receipt towards contribution of funds for purchase of plot).
5) Any other way which experts think appropriate.
Your guidance will be very helpful.
