Suit/cc /legal notice/police complaint/defamation/cmp

 

(Querist)
20 November 2018

Dear Sirs/Madame, Due to variuos issues, we as a group of owners under a welfare assocaition (registered) staged a oneday fasting protest in July 2015. The association introduced by the builder filed a suit in magistrate court and dismissed in 2018. I filed a Consumer case in 2016. Sent one Legal Notice requesting documents related to Land, in 2017. There were people from Builderside , retired judicial officer spoke to me and my advocate. Even the MD of the builder met my advocate twice in his law chamber in 2018. I turned down a request on 27.4.2018for a meeting with him slated on 7.5.2018. I have been sending RTI queries, Grievances with CMCELL and PMO. They filed a complaint stating that we are filing all complaints to make money on 1.5.2018 @ Police Station. CSR was closed. They sent me a Defamation notice for 5 Cr dt 18.5.25018 and I replied on 01.6.2018. Now an important department ordered (20.9.2018 & 20.10.2018) for reinpsection.Now the Builder Filed a CMP Petition with magistrate court on the same complaint ( Defamation notice). Can he file CMP in (Nov 2018, under Sec CrPc 161 & 91) and I recorded my statement with PS on 08.11.2018 instead of pursuing defamation case, when I replied to his defamation notice wtih all evidences. Thanking you


Dr J C Vashista (Expert)
21 November 2018

Vague and hypothetical story.
If there is some truth in the story, consult your lawyer.

Thirumalai Dasan K (Querist)
21 November 2018

With Due respect to you Sir, The Tone and Tenor is unfortunate and expected was an expert opinion not a judgment on the query even without having a cursory view. I do not find any merit in you going on agitated mode when people looked upto for a possible advise and solution.
In any case kindly accept my sincere thanks for your time.

V.Raghunadh (Expert)
23 November 2018

Dear Dasan Dont panic, if the builder files a criminal miscellaneous petition you will always have your own defenses,
Have you met your advocate? and what he suggests?
Obtain the CMP no. of your case and check it in the e-court website to know the details of your case. Consult another advocate if your advocate is working against you. Please preserve all relevant proof documents receipts.
ALL THE BEST.

Thirumalai Dasan K (Querist)
23 November 2018

Dear Sir, The Case documets could not be traced at the particular court, yet by associates of my advocate. As on date, the search on e-services of particular district court combined complex by case no / accused name/ petitioner name does not show any record, for the peirold of last 50 days. As per record shown to me signed by a magistrate, my statement was supposed to be submitted to court on or before 16.11.2018. If unauthenticated information is to be believed, the statement was still at Police Station on 16.11.2018 by 12 Noon.I checked cause list, and as per current status, not listed till 30.11.2018.I have not received a court notice either. The other advocate told me that in the event of any direction to PS, we can file in HC under sec 482.
Looking forward to have expert advise further.
Thanking You



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