k satish nair (Corporate Legal Service) 23 April 2013

Filing defamation case against chairman/secretary

Respected Seniors,

Myself KS Nair residing at Kalyan would seek your valuable suggestion and support to sue the Secretary/Chairman of our Housing Society for defamation.

The present committee has been elected 4 months back and I was elected as one of the Committee member of the society. Till date the proper handing over has not taken place and the previous Chairman not submitted his resignation because the handing over formalities not completed. In the first meeting itself the present Chairman declared as (a) Chairman is the supreme power of the society as per bye law (b) Nobody should oppose chairman during the meeting (c) Chairman will choose which topic to be discussed in the meeting (d) Without permission of the Chairman/Committee no member will be allowed to speak in the Society meeting. The said minutes of meeting has displayed in the society notice board also.

On every week the managing committee called the committee meeting and started displaying the minutes of meeting in the notice board in which the Chairman has started rating of other committee members . I was reluctant to attend the meeting because he has not only violated CHS bye laws , I believe he has deprived fundamental rights also. Next minutes of meeting he has declared me as a non performer and displayed in the notice board. By seeing that I asked Chairman/Secretary to apologies it otherwise I will sue both for defaming my name in the society. They given a threaten replay as I am disrespecting most respectful members of the society (Chairman/Secretary) and they will file case against me as per IPC.

In next Minutes of Meeting they displayed “ as I am ill and asked all the society members to speak to me to get well soon” deliberately to tarnish me.

Now the displayed another notice as four family including my family are the nuisance of the society because other three members also questing their action.

I need your opinion for filing a defamation case against them by considering above facts which court I need to approach and either civil or criminal also anybody’s willingness to help me .

Please respond

Best Regards,

KS Nair

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10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 23 April 2013

You can give complaint to the registrar of societies for violation of CHS. The registrar will enquire your complaint and take necessary action. As per the registrar report you can take decision further.

Sudhir Kumar, Advocate (Advocate) 23 April 2013

initially nothing more is required then what is advised above. But your complaint should be detailed one.

Sudhir Kumar, Advocate (Advocate) 23 April 2013

apparenltly defamation case is also tenable.

k satish nair (Corporate Legal Service) 24 April 2013

Sir, I had given letters not only to Dy. Registrar marked copy to Registrar as well as State Human Rights Commissioner but so far no response received.

Sudhir Kumar, Advocate (Advocate) 24 April 2013

how can such person get elected are the members not opposing him

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 24 April 2013

Dear Mr. Nair, Immediately file RTI seeking status of your complaint and action on them till date, why no action has been taken till date. Ask the copies of rules and regulations of the cghs. Ask how many times rules and regulations got amended / modified till date. whether the amendment / modification as mentioned in query has approved by the General Body with majority in AGM or not, if not then it is illegal and not vaild rule and regulation. How can this arbitrary rule be applicable. you can challenge it. Moreover immediately take the copies of the public notice which you are alleging defamatory and take the advice of lawyer and do as adviced by him. You can also contact me on my mail id / mobile. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

k satish nair (Corporate Legal Service) 24 April 2013

Sir, thanks for your suggestion. I have photo copies of all notices displayed in notice board. I will contact you through your mail ID/Phone. Thanks and Regards, Nair

SRIPRAKASH BHATTACHARYA (RETIRED) 29 April 2013

Dear Mr. Nair,

This is MERA PYARA HINDUSTAN. All most in 99.99% Co-operative Housing Societies, the office bearers think them selves to be the directors of MNCs. There being various loopholes such peoples take the advantages of the same. The scenerioo prevails even in West Bengal too. I hope, you will agree with me that ACTS AND RULES are for those who abide by it. Others show thier thumb fingure. The state authorities hardly bother to take any action. The sttae authorities do not have any teeth and if ever they have, those are thud.

From the websites, you can download the IPC and CrPC both. You can go through IPC 499 & 500. However, I would suggest you that at first you may to write contininiously to the Secretray, Co-operation Department, RCS as well as the JRCS/DRCS or who is looking after the co-operative housing cell. Send all your letters very well knitted and send such lettres either through SPEED POST with A/D or get the same receipted duly signed and stamped. The Secretary, Co-operation Deptt. and RCS being, IAS officers will not be that bad. But do not lose your heart. I belief that you are an upright person and do not support illegal practces. So, you have become throns for them.

Can you please let me that how many Directors are there in the Board / Managing Committee of your society and how are the others ?

Please also keep in your mind that an honest person has to face many hurdles and for him/her fighting with dishonesty is continiuos process but he will win at the end of the day.

Hope you are seeing that what are happening in West Bengal (the SARDHA issue), the 2G Scam, Colgate scam. We need to fight collectively, though I agree that most of the people in today's society are SPINELESS. We got freedom free of cost. We did not pay or spend any thing for India's Freedom. It is our previous generation, who paid their lives and TRUE FREEDOM IS THE FREEDOM, WHEN YOU PAY FOR IT.

---- Sriprakash Bhattacharya; bhattacharyasriprakash@gmail.com

Advocate Ravinder (Advocate/Attorney) 17 May 2013

You have not made it clear that under which Act your soceity is registered. If it is registered under Soceity Registration Act complaint has to be given to Registrar of Soceities or if it is registered under coop. Soceity the complaint has to be made to Registrar of coop. Soceity.

Vikas (Director) 26 September 2013

Hello,

My Building Society of 80 Flats not yet registered and some of us i.e. all floors representatives elected an acting President to maintain our building.

He has now took everything in his control and taking undue advantage. Raised maintenance with support of few 5-6 Flat Owners which is not justifiable. He just produce 1 page HISAAB in the name of Income & Expenditure without evidence of Bills and Receipts That's different case though.

I am regular payer of maintenance since beginning. For last 7-8 months I started paying maintenance of 3 months together in between of 3 months with mutual understanding of me and this acting President. Like for e.g. Maintenance of Jan, Feb, March on 15th Feb. Since I was not fully agree with the raise I got 2-3 days late in paying.

He knew it very well that I pay for 3 months still he included my name in list of DUE Payee. He wrote my name on Building Notice Board in BOLD letters . This list is continuing to display on Notice Board and everyone is seeing that and abusing us.

I am feeling mentally harassed with this so Can I file Defamation Suit against that Acting President and ask for compensation?

Please advise. Thanks in Advance.