Criminal prosecution of President/Secretary of Apartment Association
Facts : 1) I am an Apartment Owner and thus a Member of Apartment Association . Bylaws of the Association are registered with Sub Registrar along with Deed of Declaration as required under Maharashtra Apartment Ownership Act. Accounts of Association are not audited, AGM not held, Election not conducted and Bylaws not observed. Maintenance was earlier deposited in personal account of designated office bearer. Share Certificate not issued to Apartment Owners till date.
2) My relative who is living in same Apartment had broken locks of my Flat in my absence and had started living in my flat. I had filed criminal and civil cases against my relative. Office bearers did not inform me or file complaint with the police and they did not ask any explanation from my relative about breaking of locks of my flat. Office bearers had given their statement to Police and did not disclose true facts about house breaking, but informed that it seemed property dispute between me and my relative and falsely narrated that they are merely collecting maintenance. Notices were issued to office bearers along with my Title deeds and copy of maintenance receipts paid by me in past. Deputy Registrar , Cooperative Societies gave direction to Secretary to act as per Bylaws but he did not act.
Action Proposed: a) Civil suit against President and Secretary for damages and Losses Suffered due to house break and b) Criminal Complaint against Office bearers u/s 406, 426, 120, 191/193 IPC
Query: Better Advice is Solicited