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Sidharth (Officer)     05 November 2015

Builder sent legal notice for posting against him on facebok

Respected Members, I am a Tenant in one of the housing apartments in Hyderabad. The builder looks after the security of the premises against payment of Maintenance Money. In past few months, My costly bicycle parked in the allotted parking for my flat had been vandalised more than once with damages costing Rs1000 plus each time. For the first time I complained verbally at the site office and I was assured they will look after the matter but nothing happened, After a month or so My cycle was damaged again ( most likely by the builder labours/their kids) moving around the parking and playing there. This time I went with a written complaint to the site office but they refused to accept it and said I need to get a confession/proof about who has damaged my bicycle. Also they directed me to post a complain on the builder website which I did along with a request for them to contact me for the redressal of problem as they have stated there that they will not respond to any of the complaint personally ( without which how will I know what they are doing about it). When nothing happened, I pasted the same complaint on the builders facebook page once again requesting him to contact me personally. Immediately after that I started getting a call from the builders reps threatening me to remove the post. Today I have received a legal notice from the builder's lawyer that he is initiating defamation proceedings against me. In the notice he has said he is taking steps to redress my greviance ( means he accepts that the damage has taken place due to lapse of security) and in future I should contact him directly ( To which there is no option provided by his Site Office or Website). He has also asked me to pay Rs 5000 as legal damages.

Please guide me what all should I include into reply to his notice. Also should I file a police complaint for vandalism to private property and consumer court complaint for filure in service since they could not provide me security inspite of charging for the same in terms of maintenace. I tried to speak to his lawyer but he said he will only respond to written reply to his notice. Please advice urgently.

 1 Replies

Nitish Banka (lawyer)     05 November 2015

Dear sir

A strong legal reply is a must.


Adv. Nitish Banka


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