Housing society defamation case
Guest
(Querist) 14 May 2016
This query is : Resolved
Hi,
I am a chairman of newly elected committee.
Under section 32(1) MCS Bye Laws any member can ask for document.
Can someone ask for unnecessary documents.
If the committee hasn't done any wrong, and the person tried to defame in public forum, as a committee, can we file defamation case if the person proven wrong in his/her claims?
If yes, what is the procedure. If No what action can we take against the flat owner?
P. Venu
(Expert) 14 May 2016
What are the facts? What is this query? Why you should be scared if any member seek a document in accordance with Law?
Guest
(Querist) 14 May 2016
When did I say, I am scared? I have no issue in showing it. But even before asking any formal way, and verifying the documents, if the owner starts fighting, what's the process? I said, once I prove that MC has all the documents and is correct, what's the process.
@ Mr Sudhir; I really don't want you to answer any of my query , if you think it is vague. Please stay out. If you have knowledge answer, else don't reply.I don't register in a site and ask query, if it isn't valid for me.
Sudhir Kumar, Advocate
(Expert) 14 May 2016
anyone having any sympathy with you should not be attempting any reply without knowing the facts.
Guest
(Querist) 14 May 2016
Well, definitely agree with that, I am not a lawyer, so I have limited knowledge about the facts you need. You can ask for the facts you want to know to help.
Facts:
Society is newly formed and the person never showed up in any meeting. After the formation of the society the person is now saying all the work done/voting are false. And wants to see all the docs. Creating nuisance in meetings by accusing committee. Whereas the society was formed by builder in presence of specialist Bye law's expert, registrar. I know there is no base and she will loose if she files any complaint. But my question is what is the process after that? What kind of action we can take for such nuisance.
Dr J C Vashista
(Expert) 15 May 2016
@Sandeep Mishra,
You will agree that number of requisite information are missing from your query therefore, it is improper and unfair to form an opinion and advise you "FREE OF COST" , accordingly experts on this platform has mentioned that your query is vague which you have admitted and acknowledged with the rider,
" @ Mr. Sudhir;I really don't want any answer any of my query if you think it is vague. Please stay outside...."
Did you provide the information such as,
what type of society (e.g. housing, hose buiding, banking, khadi gramodyog, thrift and credit etc. etc.) is that where you are the chairman;whether the person seeking document and information is a member of the society and/or managing committee; what type of "unnecessary" documents are sought; how do you observe and find the documents were "unnecessary"; whether it is permissible u/s 32 of the MCS Act; what do you mean to say inter alia that, "if the committee hasn't done any wrong.." implies that there are certain unresolved issues and something fishy qua the conduct and functioning of Managing Committee,; so on and so forth.
We do not approve such an unacceptable, rediculas and stupid statement/comment against an expert from a so-called "Chairman" of a society which is bound to go to dogs under your chairmanship, I am 100% sure.
Please withdraw your statement
or be off from the query as well as site.
@ Dear Ld. Members,
Kindly condemn and ignore such author and report abuse.
Regards
Sudhir Kumar, Advocate
(Expert) 15 May 2016
having regard to concern shown by Ld Dr Vashista, I restrain myself from asking any further details or giving any charitable advise on the existing date not provided.
Actually this forum is for lay men who land in trouble or anticipate trouble. Thousands of persons give their problem in the language they understand and get solution
Guest
(Querist) 15 May 2016
@ Dr Vashista : Thanks for your comments. It would have been great if you would have given me some solution to my problem, rather than wasting your time to judge me.
I asked this question to get some help, rather than fighting with you guys. If you or anyone needed any info to help, there should be a clear question to give us info about such such things, then we can help...
You guys carry on. I'll try to solve my problem myself. Its good that you guys are doing it for free. But you shouldn't insult someone's problem, rather than try to help him as he/she can understand.
Thanks for all your time.
Need to search how to deactivate this account, as it seems not very useful to me. Can't really argue with lawyers. :)
Kumar Doab
(Expert) 15 May 2016
The Member has deleted the account.
No further post/reply.
So far matter properly handled by experts.
Dr J C Vashista
(Expert) 16 May 2016
@ Sandeep,
None has invited you on this platform, remember and proceed.
