Dear Sir/Madam, Greetings! This is regarding society office handover to new committee. I am x chairman and a lady. The new committee didn't show signs to give acknowledgement after receiving society office. Also they denied to sign audit report (audited by panel auditor). So the office is yet with me. The new committee sent me lawyer notice asking for office to which i replied positively mentioning date and time of office handover through RPAD TWICE but my such letters were Not received by the lawyer. After few days police came to my house to take me to police station to speak to senior inspector about society office handover. I replie positively to give office against acknowledgement which was agreed by police as well. (A day later i came to know that there is NO written complaint against me with police, it was done by an 'influencer'.) Next day i gave written letter to new commiitee informing that as decided in police station please collect office record on given date and time. But the committee denied to even receive the letter and next morning again complained 'influencer' that i am not ready to give soc office record. Next day again police came in 'Uniform' at our door and asked me to come to police station with them. I asked to show the complaint letter or else i will not come. They ultimately accepted that they don't have any complaint letter and told me to give record without fail and went away. BUT IN ALL THIS PEOPLE AROUND US WERE DISCUSSING WHY POLICE CAME TO MY HOUSE. ME AS A LADY WAS FEELING BAD ABOUT THE UNWANTED SHOW THAT HAPPENED. IT IS THE NEW COMMITTEE, who never accepted letters from us regarding office giving, never accepted our positive reply to the lawyer notice regarding office and also sent police till our home twice by 'lying' to influencer that we are not ready to give office. Is there any way that i can file a case under DEFAMATION OF CHARACTER against the New committee? Also before office hand over,the new committee have started conducting redevelopment meetings, operating bank account and collecting society fees. Could the new committee do all this without office record transfer? Please guide. Thanks and Regards
Don’t file any defamation case
2) it will aggravate the situation
3) defamation cases take 10 years to be disposed of
4) without office record transfer the new committee should not have started collecting society fees , conducting redevelopment meetings etc
Mam file a complaint before the SP/commissioner of police for this illegal act of the police.
Secondly file an application with registrar of socities for handing over the society.
Further can file defamation suit against the influencer and making police personal party as they came in personal capacity without complaint to recover damages from you
Hello,
1) You can certainly file a defamation suit against the be committee and seek to be compensated and criminal liability be fixed on the perpetrators.
2) If the new committee is legally elected it can start operations pending transfer provided such matter requires urgent attention.
3) Take assistance of a local lawyer.
If Defamation case take long to resolve, then HOW can i give some pain to the New Committee who has given me defamation through illegal police intervention for no reason even after i was always ready to give office against acknowledgement?
Dear Client,
No case of defamanation made out. This is society matter, no role of police too, insteand complain to registrar for mismanagement and failure to follow due course.
Or suit in coperative society court.
1) there is no FIR filed against you
2) you don’t have copy of complaint letter filed against you
3) if affairs of society are not being carried on as per provisions of cooperative society a t abd bye laws complain to deputy registrar against society seek appointment of administrator for society
File complaint against them against the senior police officers and registrar so they need to answer what they have done.
Putting a condition for handover only against acknowledgement, is in my opinion, wrong
That is like holding someone to ransom that if you don't do this, i will not handover
As to the police incident narrated by you, you can lodge police complaint against committee members, influencer, lawyer and the police
This complaint has to be made to commissioner of police
A defamation suit is useless
Defamation case may not be maintainable in this situation.
The new committee has taken decision to take charge of the association somehow without your support or ignoring you.
They have violated all the norms and rules in this regard.
They are also putting pressure on you through police with their influence.
Actually the police cannot interfere in the affairs of the association.
You can give a complaint against the police excess to the city police commissioner and seek his intervention and relief.
You can even call a press meet to expose the arrogant new committee members who indulge in such activities which outrages the modesty of women by insulting her in public.
Though the legal actions may stretch the issues causing you more sleepless nights this can bring you desired relief.
Alternately, you may just throw away the responsibility on their face and get rid of all such issues which have caused furores in the past and remain peaceful thereon.
The defamation case may not be maintainable.
You may plan to file a complaint with the state human rights commission against the police excess.
Consult a local advocate on further issues personally.
At this stage you can not file defamation case.
Who so ever it may be file immediately a FIR against the SHO of the concerned police station including the new committee officials who are responsible for such a bad and threatening behavior or if you are unable to file FIR send mail to Police Commissioner with a copy to the ACP of the area who will enquire the case. Please mention in the complaint that there is threat to your life and property from the police as well as from the new committee officials.
You can follow up on the CP complaint by filing a RTI application to know its status
Summoning a person without a formal complaint and at behest of some influencer is certainly illegal
Dear Madam,
Every citizen has a right to protect her person and property and also guaranteed decent life without any unnecessary comments which effect the private life of a citizen. You may file both civil and criminal cases against all the concerned. Please hire an intelligent advocate who is having pro-active thinkings in the field.
As new committee started functioning with meetings, etc, it means they have taken over without the documents from your end. So no need to worry about that. Send communication to all your members that You are ready to handove but new committee has done all these and say that you dont have any responsibility hereafter.
regarding Defamation case, unnecessary tension among co livers. living in one complex, better forgive and move on with your new assignments!it si purely waste of time and spoil your peace. All the best.
