Harrasment of demafation case - society matter

For sucess of demafamtion case five points are to be proved :-

1. asertion was made by defendent.
2. asertion was  regarding applicant
3. asertion was  conveyed to a person other than applicnat and defendent.
4. application lost some reputation due to asertion.
5. asertion was false as well

It is your facts of the case by which you can see if any of the five propositions can be briken.

Thank you for your responses, the  complainant is a director of a company which is actual member of society. I have communicated as secretary of society and not in my personal capacity with the company which is member of society. The communication was in attention of the complainant does this still qualify under

1. asertion was made by defendent.
2. asertion was  regarding applicant

Further the case is filed due to a statement " false case for personal gain" since complainant has asked for compensation towards repair of his car (approx 70,000) since soicety did not provide parking. I had made the statement since

1) No proper documentation was provided towards car damage i.e. no proof of damage (police complaint), also no document for ownership of vehicle, registration, insurance, garage bills and  payments made.

Further every car owner needs to insure the vehicle as per motor vehicle act and claim for damages with insurance company rather than society irrespective whether car is parked inside or outside the society compound

Does the above facts not support my statement i.e." false case for personal gain"

Early response will be appreciated since next hearing is on july 4th

It it is a civil case it is against society and you.

If it is ceriminal case it is against YOU AND YOU ALONE  If charges are proved then it is you who can go to jail and none else.

I am not able to deeply understand what you explained regarding car damage. As long as you can prove that your allegation against him (even if made at public stage) was tue, he has no case. On the contrary he can be alleged for malicious prosectuion. If he can prove that your assertionwas false then you are in trouble.

In case the car is not insured and he still uses it then why tranffic police has not impounded it.

If he ha sno ownership documents of the car thenwhy local than does not impound it as abandoned property.

Does your society has a mandate to provide for paying such damages. Have you any authroisation for such expenditure in general body meeting and whether general body is empowerd as per society bye-laws for such expenditeure.

The complainaint says he is partner of the firm which is actual member of society. He does not provide any documentation and proof of partnership deed, car damage invoice, receipts etc. How can I force him to reply to my request? Further the firm had encroached the society compound area so parking space which was already limited was further reduced. In AGM decision was taken to provide parking only to residence members. Still complainant had claimed and filed case in consumer case stating  his vehicle was damaged since we did not provide parking space to him based on his application to which I had responded that the case was false knowing 1)  the firm already is defaulter and has infact encroached about 3 car parking spaces. 2) Firm had garage which they converted illegally into their shop back entry. 3) he has sufficient parking space since he lives in building next door and never parks his vehicles on road 4) he had not been paying society maint charges which recently was increased so instead of paying was involving all society members in such harrasing cases.

Kindly advise

You have been advised of the parameters rquired for filin defamation case. please see if yur case fits in.

For defamation publication is must.

How can said members prove negligence of service Or lack of service.

This is Housing society, you do not accept money from housing society members as service provide. So you can prove that you were not cover under consumer protection act.

There is no case really however worried how such cases are admitted .. so anything can happen

if the consumer court has registered the case then it is you who has to tell the court that you are a housing society and theconsumer protect act does not apply to you.

In addition as told by you he doe snto hve any papers on the ownership of the card, damage of car and also on the parnership of the firm you can challange is locus standie.