Defamation suit
Querist :
Anonymous
(Querist) 05 May 2023
This query is : Resolved
In a SGM of 9th Feb, 20 of a Co.Op society am living Chairman/Secretary defamed me by discussing n explaining about my expulsion. It was also written in both rough n final minutes dt 27.05.20 circulated to d other members. Anger is becoz I ask info/documents for fin. Irregularities, wrong doing by MC without following MCA bye laws etc. When asked for apology it was refused. I then sent 1st legal notice to C/ S. On which de offered my lawyer to come to soc office to form her opinion. Again asked my lawyer in d reply that becoz of my act of sending notice why I should not b expelled? Last yr on 4th Mar 22, I then sent Civil/Criminal Defamation notice to both of them but till date der is no reply. Am now planning to file Criminal Defamation suit against them. Der is total lawlessness n arrogance of MC, De made wrong Cony. Deed, new B/S with 16 lakhs loss despite reminders to check old accounts. De straight away passes resolutions. Soc Office is always closed, members r not allowed on WA group. Secretary never attend calls, not replying to emails. De r only available in d meetings. If written to Dy. Registrar he never replies. Could u let me know ASAP whether is it a Defamation case n what should b my next action of plan. Awaiting ur reply on an urgent basis please. It is a request please.
T. Kalaiselvan, Advocate
(Expert) 05 May 2023
For filing a criminal defamation case under section 500 IPC:
To constitute the offence of criminal defamation, the accused's words, signs, or imputations must either be meant to injure the reputation of a person or the accused must have reasonable knowledge that his or her behavior may do so.
The objective is to punish the wrongdoer, to ensure that no other person does the same.
According to Section 499, defamation can take place through words spoken or intended to be read, signs, and visible representations published or spoken about a person with the intent of damaging that person’s reputation, or with the sufficient knowledge to believe that the imputation will affect his reputation.
The words, signs, and imputations made by the person must either be intended to injure the reputation of an individual, or the accused must rationally know that his or her behavior might cause such injury to constitute defamation.
Whether a remark is defamatory or not is determined by how right-thinking people in the community interpret it. It is no defence to claim that the comment was not intended to be defamatory if the foreseeable impact was an injury to the plaintiff’s reputation.
It is an issue of fact, whether it is for the public interest or not.
It is not defamation to express in good faith any view on any person’s conduct in respect to any public issue, and to respect his character only to the extent that his character is revealed in that conduct. Publicists who participate in politics or other problems affecting the public might be criticised in good faith.
Thus if you find that you meet all the ingredient necessary for filing the defamation case, you may proceed.
Querist :
Anonymous
(Querist) 06 May 2023
Thanks for ur expert advice. I hv minutes signed by both Chairman/Secretary, circulated to other members mainly to silent my voice n character assassination. I think I hv to file case so in future de should not take me for granted n lightly.
Sudhir Kumar, Advocate
(Expert) 06 May 2023
Unless the assertion against you is false, there may not be any case of defamation.
Querist :
Anonymous
(Querist) 06 May 2023
Thanks for ur reply but after reading further if u can give ur opinion whether I should proceed further for filing Defamation case. Is it worth to spend time n money? But it's a Character Assassination. Yes d assertion is false. Anger was also becoz of complain to d Dy. Registrar for Mismanagement of previous MC for which Administrator was appointed. With Adm. help resigned MC passed resolution that " No old accounts will b checked as Adm. didn't find any wrong doing in accounts ". His appointment was upto election of new MC n he attended soc. Office for 8 hours in 2 months. So it was impossible for him to check 10 yrs. Old records. When asked Chairman for " Clean chit Report" given by Administrator till date it is not given. Instead of taking action against then C/S, MC targetted me by talking n discussing procedure of my expulsion for no reason. After doing all wrong n illegal work entire MC resigned last yr n at present der is Administrative Board of 3 members of MC's choice. Der was 3rd major Repair done since 1994 of more than 50 lakhs. Major contribution is always by members. Latest B/S shows Deficit of 5 lakhs. Soc. earned Tower income of 70/80 lakhs from 2005 to 2010. Previous Dy. Registrar is guiding resigned MC in d whole process though he didn't reply to my any mails. Sir, kindly reply.
Regards,
P. Venu
(Expert) 06 May 2023
Your postings more of subjective opinions than facts. Please post simple facts so Your issues could be understood.
Have you been expelled from the Society itself and disqualified as its member? If so, your priority ought to be in challenging the expulsion than in fighting the 'Windmills'.
Querist :
Anonymous
(Querist) 07 May 2023
No not at all but to discuss member's expulsion in soc. meeting for no reason is not Character Assassination and need suit to b filed after sending 2 notices? Kindly reply.
Regards,
T. Kalaiselvan, Advocate
(Expert) 07 May 2023
If you feel that the action of MC expelling you is considered as defamatory act, you may issue a legal notice through a local lawyer and proceed as suggested.
Querist :
Anonymous
(Querist) 07 May 2023
Hi Mr. T. Kalaiselvan,
Sir, Thanks a lot for ur interest and further reply. So far I hv already issued 2 legal notices. First General showing deficiencies in services n result of which losses suffered by Soc. & second specific Civil n Criminal Defamation notice on 4.3.23 but till date no reply to my notice. Initially when asked apology to C/S after rough draft of minutes was circulated n to remove para about expulsion, it was refused. The exact wording of para 8 of minutes " The members asked if there is any way we can expel Mr Bapat from the Society membership. The Chairman informed that there is a Section 35 of the bye laws which allows General Body to expel anyone from the society as a member. Chairman explained that it is harsh action to take. But members complained that all the previous as well as current committee members are repeatedly being accused and harassed and at this rate no one will come forward in the future to run the society.( This is all MC's perception for their wrongdoing acts n financial irregularities) The soc will eventually go in the hands of an administrator. Chairman explained there is an entire process for this matter. Show cause notice will have to be served to Mr. Bapat if the members agree and Special GBM will have to be called later. He will be given an opportunity to reply and explain. All the members were requested to think before taking steps to invoke this. General body advised the committee to have an advocate and take his opinion to know about it's consequences to the society ". I Never defaulted on payments of dues or has brought disrepute to the society or other acts detrimental to the interest or proper working of the soc. As written in the notice my client believes there were other undisclosed n pressing reasons which irked the MC, probably issues which were brought to the notice of the members which the MC particularly C/S didn't want it to get the attention it deserved n in an veiled fashioned wanted to scuttle the voice of my client n therefore by design chose to defame him in the eyes of society members.
Sir one more shocking point I want to highlight is last year on 3rd April, 2022 special GBM was called n hold by resigned MC in which one of the agenda of meeting was discussion on " Defamation notice dt 4th Mar, 2022 sent by me".I didn't attend meeting since my notice was in force. Despite repeated reminders to C/S till date minutes of this SGBM has not been sent to the members. Resigned MC had no right to call for this meeting though entire MC resigned in an AGM of Dec, 2021 for the reasons best known to them but continued to work till 31st Mar, 2022 on request of Dy.Registrar
I think they r afraid hence didn't send minutes. Sir, according to me it's a strong case of filing Defamation suit to teach MC lesson. Whatever they have done is purely out of anger n revenge. Sir please advise me one more time. I will be grateful. (Whatever written in the name of General Body is the opinion of Chairman and Secretary. When asked name of the members MC had no reply) Awaiting ur reply.
Thanks and Regards,
Querist :
Anonymous
(Querist) 07 May 2023
Mr. T. Kalaiselvan,
Sir, Defamation notice sent on 4th Mar, 2022 and not 2023 as wrongly written.
Thanks,
Dr J C Vashista
(Expert) 07 May 2023
Hi Anonymous,
Detailed circumstances posted by you suggest good case for institution of civil as well as filing a criminal complaint for defamation, even without issuance of legal notice(s) where you have been wasting money, efforts and time restricting yourself in notices. Most probably it must have been barred by limitation by now, you are required to check at your end.
Is there any benefit / pleasure or saving (something) in writing SMS words in the post, which make reading difficult (at times senseless as well) ?
P. Venu
(Expert) 07 May 2023
It is impossible to give any meaningful suggestions based on the unsupported opinions of the querist.
Querist :
Anonymous
(Querist) 07 May 2023
Sir, thanks for ur reply. According to me for filing criminal suit time allowed is 3 yrs. The minutes sent by MC defaming me was dt. 27.05.20 so still 20 days are left. Am writing experts to find out whether is it a strong case of defamation. I will now directly file Criminal Defamation suit. There is no other purpose except teaching MC lesson for their wrongdoing n over n above giving mental agony to me aged 68 yrs.
Regards,
P. Venu
(Expert) 07 May 2023
You are yet to post the facts!
Dr J C Vashista
(Expert) 07 May 2023
Of course you have a perfect case for filing criminal complaint as well as civil suit for compensation.
It is advisable to consult and engage a local prudent lawyer for proper guidance and necessary proceedings.
Querist :
Anonymous
(Querist) 08 May 2023
To All the Experts,
Would u pl confirm whether am in time limits to file Criminal/ Civil suit as per dates given below:-
1. Minutes of the meeting defaming me were circulated to the Soc. members on 27.05.2020
2. First legal notice showing overall deficiencies in working was sent to MC on 21.05.2021
3. Legal Notice Inter Alia For Criminal And Civil Defamation was sent on 04.03.2022
Kindly reply.
Regards,
Dr J C Vashista
(Expert) 08 May 2023
You are still within limitation, if moving before 26.5.2023.
However, it is advisable to engage a local prudent lawyer to institute the suit for compensation (civil defamation) and filing a criminal complaint u/s 200 CrPC read with section 499 and 500 of IPC.
If you are located in Delhi/NCR and feel so, may contact us, on appointment.
Sudhir Kumar, Advocate
(Expert) 08 May 2023
You are so far not able to present facts so as to be understood easily in one reading.
You have to note that UNLESS ASSERTION AGAINST YOU IS PROVED FALSE YOU HAVE NO GROUND OF DEFAMATION CASE.
Querist :
Anonymous
(Querist) 08 May 2023
Hi Mr. Sudhir Kumar,
Sir in my initial query I hv explained in detail the events happened n hence today given the dates to find out from the Experts whether am in time limits to File Civil/Criminal suit against Chairman/Secretary. I hv also reproduced the exact wordings of Minutes dt. 27.05.2020 of GBM held on 9th Feb, 2020 in which Chairman/Secretary discussed n explained about my expulsion out of anger n revenge. Main reason was on my complain to d then Dy. Registrar for d Mismanagement of previous MC Administrator was appointed. The then C/S didn't attend 2 hearings kept by Dy. Registrar. The last MC ( resigned) took advantage of Administrator n with his help passed the resolution that no old accounts will b checked despite repeated reminders to check d same from d members, giving reason that Administrator didn't find any wrongdoing in accounts. Adm. duty was Ltd upto election of new MC n he attended office for 8 hours in 2 months. So was it was just impossible to check 10 yrs old records in 8 hours. MC then prepared n passed all new B/S with loss of 16 lakhs. Der r irregularities in accounts from beginning. Records r never shown. Office is always closed. After 16 yrs d resigned MC made wrong Con. Deed. When asked copy it was not given. I then got it under RTI. One can easily find the exact glitch. 2 flats r transferred in new name without approving it in AGM. One flat is in deceased name. Last yr major repairs carried out of more than 50 lakhs. Since 1994 it is 3rd major repair. Major contribution is always by members. When asked for copy of short listed quotes it was not given. At present der is deficit bal of 5 lakhs. I ask soc related info n documents to d MCs n hence the anger. To silent my voice I was defamed in this way. On 3rd Apr, 2022 special GBM was held to discuss about my Defamation notice but minutes of this meeting was never sent by resigned MC despite repeated reminders. These r d facts. When am paying my dues in time n not doing anything against soc n as a Bonafied member asking info n documents is a crime. How MC can discuss about my expulsion n defame me. Am a sr citizen aged 68. Let me have ur views.
Regards,
P. Venu
(Expert) 09 May 2023
Rather than seeking suggestions based on facts, you are trying to overawe this forum through your amorphous opinions based on coloured and selected facts'
As repeatedly stated, you are yet to post complete facts material to the issue, if any.
Sudhir Kumar, Advocate
(Expert) 10 May 2023
The persons offering free advise on charitable basis have no time and energy to read long narrative and then understand (presented in not easy wording) and then opine.
Querist :
Anonymous
(Querist) 10 May 2023
Mr. Sudhir Kumar,
Thanks for taking pains in writing 3/4 lines. The site doesn't ask for any charge.
Dr J C Vashista
(Expert) 11 May 2023
Be brief and specific for obligation of experts.
It is better to consult and engage a local prudent lawyer for proper appreciation of facts. professional advise and necessary proceeding.
Querist :
Anonymous
(Querist) 11 May 2023
Dr. J C Vashista,
Sir, thanks a lot for your time to time advise. I really appreciate. Am going in the same direction as suggested by you. Thanks a lot once again.
Regards,
