Swati sharma 18 May 2018

Impersonation

One of the member of a housing society accepted all the legal notices which were sent to committee members through postal service and claimed that he looks after the matter. Can that member be held liable for the offence of impersonation and what steps can be taken?

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4 Replies

R.Ramachandran (Advocate) 18 May 2018

Have you sent the letters through Registered Post? If so, you can track down when the same was delivered.

If the Society Committee members have authorised him to receive such letters on their behalf, what is the impersonation that he would be committing?

Try to get your matter sorted out, rather than trying to indulge in unproductive technicalities.

If no response has come to your communications, then take appropriate follow up action.

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Swati sharma 18 May 2018

No such written authorization has been given by the committee members.
Also the notices are pertaining to documents which are called for by the ex-committee members. It's been more than 2 weeks and there is no response from the committee members.

Kumar Doab (FIN) 18 May 2018

The committee may write under proper acknowledgment to the said person to handover the covers (intact) and not to collect in future and build written record and also inform Sub-Postmaster and in turn postman and person at reception/gate.

Rest discuss in person with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in society/civil matters and having successful track record ….. retained by society and well versed with LOCAL applicable bye laws/rules/Act etc and worth his/her salt …

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Anil Satyagraha (Practitioner of Law) 21 May 2018

RESPONDENT’S CONDUCT FULFILLS ALL PRE AND POST CONDITIONS FOR HOLDING A PERSON LIABLE FOR REGARDING OFFENCES AFFECTING ADMINISTRATION OF JUSTICE, AGAINST FALSE AFFIDAVIT(S) AND FOR SANCTIONS, inter alia — APPLICATION SHOULD THEREFORE BE ALLOWED FOR THAT, inter alia, RESPONDENT AND OTHERS may have willfully INDULGED IN OFFENCES THAT ATTRACT penal provisions of IPC, inter alia, — IPC SECTION § 107. ABETMENT OF A THING. IPC SECTION § 108. ABETTOR. IPC SECTION §1 20A. CRIMINAL CONSPIRACY IPC SECTION § 1 20B. PUNISHMENT OF CRIMINAL CONSPIRACY.

Also, refer to Chapter 11 of IPC.

Anil @ Satyagraha.com

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