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Veerendra   13 June 2021

How to file a demaation / mental harassment case

Dear all eminent lawyers,

I am a practicing dentist since the last 31 years  and I practice in a 1RK apartment on the gorund floor.

a)   My society in blatant disregard to all laws and ethics slapped an fine on me on 29/04/1997. They sent   a notice mentioned that the fine was of Rs.500/- ( proof available)

       Subsequently they sent me a bill on 18/05/1997 with a fine of Rs.1000/- ( proof available)

       Till date they have not revoked the letter and the fine. They are charging compound interest on the some and the compounded amount is being shown as dues.

b)    They have not given me receipts for the payment done for by me for 3 years.(from 1998 to 2002).  The amount is being shown as“ Unknown credit” in the societies books of accounts and       is  being shown as dues in my bills. Compound interest is being charged on it.

c)   For about 28 years now society has given me inflated maintenance bills.

d)    Society  has charged me commercial rates but paid properly tax by residential rates.

e)    I attended a society meeting on 30/12/2019 with my lawyer. In the meeting I was shouted at and abused at.      (Recording available). There are many other unlawful arts committed by the society. Finally , I flied a case in the Honourable co-operative court regarding excess billing on 31/12/2019.

The first hearing was scheduled for25/2/2020 but had to be postponed as the societies lawyer had not come. Thereafter the lockdown began  and till date even the first hearing has not taken place.

Do I file a mental harassment / civil or criminal defamation suit after the judgement  of my case in cooperative court or can I do It right away.

I wish to know,

  1. Can I file mental harassment case against the society?
  2. If yes, how do we go about it?
  3. Is there a time limit to file a civil/criminal defamation or mental harassment suit.
  4. Any other revenant information would be of great help.

Thanks in advance for all comments.

I would be greatly obliged of all you eminent lawyers guide me.

Regards,

Dr. Veerendra Darakh.

 



Learning

 5 Replies

Sankaranarayanan (Advocate)     13 June 2021

Better to wait till the order from co_operative court . Then discuss with your lawyer and act further 

G.L.N. Prasad (Retired employee.)     14 June 2021

You can certainly get a favorable judgment from a Cooperative court and once you get such judgment, the entire records become valid evidence in your case.  Explore the possibility of filing first in District Consumer Forum as it is a summary proceeding, without involving any costs and you can appear as a party in person.  Contact a local advocate as filing a civil case as it may become a long-drawn legal battle and eats your hard-earned money and precious time..  I presume that you are represented by an Advocate who is fully aware of the facts in your present case.  He is more competent to guide you..

T. Kalaiselvan, Advocate (Advocate)     14 June 2021

If you feel that you have been harassed by the society and have been defamed in public, you could have filed the defamation case in the same court where you have filed another case regarding excess bill.

Since the society is coming under societies act, the cooperative court is the right place to file the defamation case.

The time limit for filing the defamation case is two years from the date of the occurrence. 

Dr J C Vashista (Advocate)     15 June 2021

Originally posted by : Veerendra
Dear all eminent lawyers,

I am a practicing dentist since the last 31 years  and I practice in a 1RK apartment on the gorund floor.

a)   My society in blatant disregard to all laws and ethics slapped an fine on me on 29/04/1997. They sent   a notice mentioned that the fine was of Rs.500/- ( proof available)

       Subsequently they sent me a bill on 18/05/1997 with a fine of Rs.1000/- ( proof available)

       Till date they have not revoked the letter and the fine. They are charging compound interest on the some and the compounded amount is being shown as dues.

b)    They have not given me receipts for the payment done for by me for 3 years.(from 1998 to 2002).  The amount is being shown as“ Unknown credit” in the societies books of accounts and       is  being shown as dues in my bills. Compound interest is being charged on it.

c)   For about 28 years now society has given me inflated maintenance bills.

d)    Society  has charged me commercial rates but paid properly tax by residential rates.

e)    I attended a society meeting on 30/12/2019 with my lawyer. In the meeting I was shouted at and abused at.      (Recording available). There are many other unlawful arts committed by the society. Finally , I flied a case in the Honourable co-operative court regarding excess billing on 31/12/2019.

The first hearing was scheduled for25/2/2020 but had to be postponed as the societies lawyer had not come. Thereafter the lockdown began  and till date even the first hearing has not taken place.

Do I file a mental harassment / civil or criminal defamation suit after the judgement  of my case in cooperative court or can I do It right away.

I wish to know,


Can I file mental harassment case against the society?
If yes, how do we go about it?
Is there a time limit to file a civil/criminal defamation or mental harassment suit.
Any other revenant information would be of great help.


Thanks in advance for all comments.

I would be greatly obliged of all you eminent lawyers guide me.

Regards,

Dr. Veerendra Darakh.

 

Subject Society is a cooperative society or an association which is termed as "Society"? Which state it is located as Cooperative Societies Act is a State subject which slightly differ from a State to another? 

If you have adequate evidence(s) proceed to file civil suit for compensation of damages within 3 years before competent court of jurisdiction. However, criminal defamation shall be filed before area MM / CJM within 1 year, where limitation can be calculated by your lawyer, who is an able, competent and intelligent enough to advise and proceed.

You have the option to file both the cases simultaneously i.e., civil suit as well as criminal complaint. 

Registrar Cooperative Societies has "no" jurisdiction to entertain and adjudicate any case of civil or criminal defamation. 

Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and such damage are punishable by law. It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander.

Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and such damage are punishable by law. It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander.

Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and such damage are punishable by law. It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander.

Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and such damage are punishable by law. It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander.
 

Dayo Thomas   05 August 2021

Better to wait till the order from co_operative court . Then discuss with your lawyer and act further
 


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