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Prospect of defamation suite

(Querist) 14 February 2016 This query is : Resolved 
We live in a flat, the whole house has 6 flatowners. Some other flatowner had some repair work and consulted a contractor. This guy is a rough one and abused my wife for nothing. Therefore, when some repair work for the whole building came up, we naturally suggested that some other guy has to be recruited for the job. But there are two rogue flat owners who who bullied others that that same person is to be recruited for the job .
We naturally did not attend the meeting and send a message that we will not pay. Later, we learned that the same person was assigned the contract and the rogue flat owners told the other flat owners that Dr. Dutta won't have to pay, we will pay ourselves. They did not seek our approval and went for the job, while we were away in Vellore for my wife's operation, and insted of paying the whole bill themdelves, handed over an inflated bill to me as my contributions. When I said that I will not pay, they pasted a notice all over the building and outside of the main gate writing that I am not paying any dues (which is inflated) , and totalling Rs 10000.00, of which Rs.5000 is supposed to be this months special contribution for god knows what.
The bill also included my monthly contributions of common electric bill which they refused to accept from November,2015, and my first months contributions is still lying with one of the flat owners.
Clearly, they are trying to defame us in the community and torturing us mentally. I am a retired person and a coronary artery bypass patient and my wife is a cancer patient, so please inform us about our further steps to be taken. Please send your opinion urgently.
Dr Asim Dutta (Querist) 14 February 2016
We live in a flat, the whole house has 6 flatowners. Some other flatowner had some repair work and consulted a contractor. This guy is a rough one and abused my wife for nothing. Therefore, when some repair work for the whole building came up, we naturally suggested that some other guy has to be recruited for the job. But there are two rogue flat owners who who bullied others that that same person is to be recruited for the job . We naturally did not attend the meeting and send a message that we will not pay. Later, we learned that the same person was assigned the contract and the rogue flat owners told the other flat owners that Dr. Dutta won't have to pay, we will pay ourselves. They did not seek our approval and went for the job, while we were away in Vellore for my wife's operation, and insted of paying the whole bill themdelves, handed over an inflated bill to me as my contributions. When I said that I will not pay, they pasted a notice all over the building and outside of the main gate writing that I am not paying any dues (which is inflated) , and totalling Rs 10000.00, of which Rs.5000 is supposed to be this months special contribution for god knows what. The bill also included my monthly contributions of common electric bill which they refused to accept from November,2015, and my first months contributions is still lying with one of the flat owners. Clearly, they are trying to defame us in the community and torturing us mentally. I am a retired person and a coronary artery bypass patient and my wife is a cancer patient, so please inform us about our further steps to be taken. Please send your opinion urgently.
Adv. Yogen Kakade (Expert) 15 February 2016
Find a local lawyer to take a action against those people.. as the legal status of the building or the society is not clear in your query.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Sudhir Kumar, Advocate (Expert) 15 February 2016
given facts do not indicate any cause to file defamation.

You have not paid they are free to publicise the truth.
Rajendra K Goyal (Expert) 16 February 2016
Agree with the expert Sudhir Kumar.
Guest (Expert) 16 February 2016
Dear Dr. Asim Dutta,

Sometimes, in old age or in the state of infirmity mental peace has to be bought by spending some money, may be willingly or unwillingly. Mental peace proves to be more valuable than money if has to be spent at certain occasions. Even if you try to prove defamation, just think, how much botheration, troubles, wastage of precious time, you will have to bear for years together in pursuit of your defamation case, besides the fee of a lawyer and frequent expenditure your travelling to & from the courts.


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