Article 336
prateekmaheshwari
(Querist) 15 February 2015
This query is : Resolved
Hi, can I directly approach a district court to sue someone under article 336 or do I need to go to police first?
prateekmaheshwari
(Querist) 15 February 2015
It's article 336 of IPC, under criminal negligence
prabhakar singh
(Expert) 15 February 2015
HEY!
SORRY!
i am not aware of any articles contained in IPC.
Guest
(Expert) 15 February 2015
Acdemic query. Discuss your real problem.
Moreover, IPC is referrd by its sections. There is no question of articles.
prateekmaheshwari
(Querist) 16 February 2015
Sry it's section 336 ( nt article) of IPC under criminal negligence. The real problem is that I stay in a top floor of a CGHS society where the MC( management committie) has not been repairing the roof above my flat cause of which a month ago the POP of the floor fell above my mother. No harm happened but it could have fallen over my 6 months old son. And even after this incident the MC has not repaired the roof so I want to sue them.
Devajyoti Barman
(Expert) 16 February 2015
You can lodge complaint with police alleging the incident. Let them take action.
P. Venu
(Expert) 16 February 2015
What is this CGHS Society?
Guest
(Expert) 16 February 2015
Mr. Veenu,
Besides, "Central Government Health Schem", the abbreviation "CGHS" is also known for the "Cooperative Group Housing Society."
Rajendra K Goyal
(Expert) 16 February 2015
Ask the society in writing for repairing. If does not proceed approach Registrar and police.
Guest
(Expert) 16 February 2015
Hi Prateek,
Have you complained in writing to the MC of the society or taken up the issue in any GB meeting? However, it becomes the duty of the MC of the society to maintain and upkeep the common & open areas of the premises. Shri Devajyoti Barman has rightly advised you. That would be quite justified if you have the proof of having taken up appropriately with the MC or the GB of the society.
ajay sethi
(Expert) 16 February 2015
you can lodge complaint with consumer forum against society for deficiency in service . seek directions for repair of terrace roof . police generally refuse to intervene in society disputes
Guest
(Expert) 16 February 2015
Advice of Shri Ajay Sethi is much more valuable to get justice expeditiously.
prateekmaheshwari
(Querist) 16 February 2015
I have complained to society many times... Written as well as oral I have proofs. I believe they r misusing funds so want to teach them a lesson. Please tell me I have read about sec336 of IPC it says that if there is danger to ur personal security u can use this section. So can I approach a district court with a complaint per this section without going to police as that will be a time waste ? Pls tell specifically if I can file complaint to court or not. Thanks so much
Dr J C Vashista
(Expert) 17 February 2015
1. The term "CGHS" stands for "Cooperative Group Housing Society" in the instant case and not "Central Government Employees Health Scheme".
2. GBM is just once in a year (for a couple of hours) and the waiting time for the GBM (AGM) shall be too long for such a grievance of the member/resident. Moreover, the meetings are mere formal (practically) as per the predetermined agenda concerning issues entire society and not individual member/resident.
Hence it would be appropriate to apprise the MC (in writing, if unheard) followed by complaint before Registrar Cooperative Societies as well as Consumer Forum.
@Parateek,
1. r u a member of the society?
2. what sort of misappropriate of accounts, where u have evidence?
3. How do you propose to teach the MC a lesson?
4. Complaint before Police shall not be taken and it shall be of no use even if received, in the instant case.
I fully agree with the analysis and observation of expert Sh. PS Dhingra, it is an academic and baseless, hypothetic and concocted query.
prateekmaheshwari
(Querist) 17 February 2015
Thanks everyone for your valueable suggestions.
prateekmaheshwari
(Querist) 17 February 2015
Yes I m a member of the society. I have proofs that from last two years I have approached the MC many times for repairing of roof and the water tanks which overflow but no one took action. Instead there are other works being carried out in the society which are certainly of lesser importance. Because of inaction of the MC in the last two years the POP fell over my 60 year old mother while she was sleeping. Even after that they have not repaired the roof or the tanks. Had the POP fallen over my 6 month old kid the danger could have been more. I m a 2nd year law student and reading by the books it appears to me that I can pursue a case against MC with section 336 of IPC, under criminal negligence apart from that I can also pursue civil cases to recover the damages of the ceiling. M I right in thinking so?
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
It appears that you know everything better than the experts here, if yes, why at all you seek opinion here, you proceed with the action what you feel would be right. Bear it in mind that misinterpreting law and its provisions will bear an adverse impact and will lead to a road ending nowhere. You may proceed as per your understanding.
