Complain to secretary of society against your removal from what’s app group
2) request secretary to add you again on the group
Remove from housing society whatsapp group
I have been recently removed from housing society's whatsapp group by chairperson without any notice . this group is formed for exchange of information between members, information from working comities behalf of chairperson, notice of function , views of members for different agendas , instruction from authorities etc. As I understood Chairperson was bised because a long controversies for removing the all dogs from society which was against law and we were making them aware that as per law of land it is not right .
Asked 4 years ago in Constitutional Law
20 Answers
You can ask him to again add in the group or make pressure by other members of the society to add you in the whatsup group and can ask proper and specific reason behind it. if you are the owner of the flat.
As above thing hurt me as I was the one of the senior member of society in terms of since beginning of society .What I understand is it is violation of my fundamental rights .. even I send letter through whatsapp of chairperson about asking what was the reason for removing ..but still since few days he hasnt reply . what legal action can I take , how much defamation ( Manhani ) case i can do against them , where to file case , can i directly file in high court ,...how much it cost to me approximately
Asked 4 years ago
As this matter is society's so you have to take this matter to registrar of the society of your area and tell that there may be any fraudulent going one as you have doubt so you have removed from society's group.
Because initially this will not cost you much just have to make written application on plan paper to your area co-op society sub-Registrar office.
It is discretion of the admin of the WhatsApp group to remove someone from the group.
You cannot claim legal rights over the retention in the group neither you can object to this removal.
You cannot claim it as a right to remain in the said WhatsApp group.
There's no provision in law to fight against this removal.
You can't take any legal action on this.
You have no rights in it.
No case is maintainable.
You may talk to the people close to the chairman to reconcile the differences and reinstate your number in the group once again.
Well, he cannot remove you as you are a member being an owner of the property. Therefore give him a legal notice and inform the otger group members about it.
It will cost you a few thousand rupees. File a defamation case against him in a district court before a magistrate.
Also inform tge registrar office about the acts and omissions of the society members and chairman.
1. Well, whatsapp group of a society is meant for formal communications though on important issue but not for ffici;a functions.
2. SO if you afer removed from the group then I am afraid not much legal recourse is available to challenge this.
3. You can anyway present your views in the usual MC meetings and can challenge the decisions which is found to be against the law .
4. Challenge of removal from the group arises only when though this group official function of the society is performed.
No case of defamation is made out
2) your reputation ha snot been maligned by removing you from group
3) you cannot file petition directly in HC
- Since the said watsup group was formed for the purpose of sharing & passing information related to common issues of the housing societies to its members , and hence every member of the society has his independent right to get the same facilities.
- As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Hence, the unjustified actions of society to remove you from the whatsup ground , indicating that the society restrained you from getting day to day information of the society ,and hence this act is against the jurisdiction of the society.
- Firstly you should lodge your complaint before the secretary of the society.
- If no response, then you may raise this issue before deputy registrar for cooperatives.
- However, if you think this act of society violates your fundamental rights , and it destroys your image , then you can file a defamation suit before the court of District judge.
Good luck and dont forget to rating Positively.
What is your problem?
If this WhatsApp group is form 2 send information to the member and no other purpose is being assigned to the chairperson cannot remove you from the group in case it is made mandatory for all the residents who are owner of the apartment to join this group as you have already been removed chairperson you have the right to protect your fundamental rights for this purpose you have to see the legal notice to the resident welfare association in attention to the chairperson to answer your removable you do not receive reply from the chairperson within the stipulated 15 days time as per the notice you have to file writ petition against resident welfare association and chairperson in high court there is another option to file your complaint with registrar societies and chits but I don't think that any action will be taken by him against the resident welfare association
WhatsApp group is no where a legal entity.
So getting removed from it is not really a crime.
You can try sending a formal defamation legal notice and ask him to add you back in group
You can complain to registrar and consumer court you can send a notice to society that you will not be responsible for any information not received by you and on that basis any obligation not fulfilled by you.
1. You were right in opposing the relocation of dogs. It is a good cause that you stood for, but the fact remains that if the owner of a group removes someone from a group created by him then it is non justiciable.
2. No court will question the owner of a group why he removed a person from his group. He may well delete the group itself.
3. There is no defamation.
Not a violation of FM. Give notice in writing that first you cannot be removed from the group without serving due notice and cause of removal.
Secondly, you being member of society entitle to know information circulate and discuss in the group. As all members share same rights. And till you not resume to society, you are not liable to make payment towards common facility while continue using it.
No defamation case, just stop paying MC and if you obstructed to use common facility than can file case in court for releif.
there is no law where a admin can be held liable for removing member from group.
you can take the legal action. Spreading, making and publishing defamatory remarks is an penal offense. You must lodge an FIR with local police u/s 500 r/w 34 also for criminal intimidation and offenses under cyber law. However of it doesn't work then issue a legal notice and then file private criminal case with your local court of law.
Dear Sir,
However the case is unique and your dignity involves and you are first suggested to serve a legal notice to the chair person and then complain against him to registrar of the societies. Also, file the case of defamation against him.
1. Send a notice to chairperson for adding you again in whatsapp group of society if this is only way of communication used by society.
2. You cannot file defamation case just for removing you from whatsapp group.
