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Co-op. Hsg soc. Financial Fraud
21-Sep-2024 (In Criminal Law)
The secretary of hsg soc withdrew cash from bank. He has confessed to misappropriation. The chairman
called the SGM meeting immediately in which the members agreed to give him time to repay. Meanwhile a member complained to the registrar. The officers from registrars office said (oral) what ever action needed to be taken will be taken by them and asked us not to anything except to try to recover the said amount from the accused. He has not paid any amount. 2 years have passed.
Dear Client,
2 years is a long time to wait for any money recovery. However if we could discuss on the evidence part in detail, we can advise you better. Request you to ask for atleast a phone consultation
Helpful?
Adv. Kalpana Sanap
Pune | 200+ Answers
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write a letter to the nearest police station for the explanation of the matter, a committee member, a person in power in society can also file it, it will also require the society or the complainant to file the written statement before the police station and file an FIR,.
or there is a remedy to file a civil suit for recovery having all the relevant documents, but this case will take time to recover by this remedy
or ask the deputy registrar to pass an order for his erroneous activity.
Helpful?
Adv. Moksh Jain
Mumbai | 100+ Answers
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In this situation, it’s crucial to address the misappropriation and the lack of action taken over the past two years. Since the secretary of the housing society has confessed to misappropriation and there is an ongoing complaint with the registrar’s office, you have a few options to consider.
First, follow up with the registrar’s office regarding the status of the complaint. It’s important to formally document your inquiry to create a record of your efforts to address the issue. Request an update on the actions being taken against the secretary and any recommendations for the housing society.
Second, consider calling for another special general meeting (SGM) of the housing society to discuss the situation. This meeting can provide a platform for members to voice their concerns, discuss the lack of repayment, and determine the next steps in recovering the misappropriated funds. It’s essential to have a clear plan moving forward.
Third, consult with a legal advisor regarding the potential for taking legal action against the secretary for recovery of the funds. A legal professional can guide you on the necessary steps, including filing a civil suit if appropriate, and can provide advice on how to proceed given the inaction of the registrar’s office.
Finally, ensure that all communication and decisions are documented. Keeping a record of meetings, resolutions, and correspondence with the registrar’s office will be important if further action is needed. Taking these steps can help move the process forward and address the misappropriation effectively.
Helpful?
Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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