• Defamation

In a One to One chat "A" wrote a generalized observation of current Elected Body of the Resident Society ( without specifying any individual's name) and sent it to "X" in a WhatsApp post .

X sent/forwarded it to Y by WhatsApp platform without A's knowledge, consent.

Y made it to Larger Mass (group WhatsApp) again without A's knowledge, consent, approval etc.

Z ( the General Secretary of the Societyoffice) sees it and without getting any validation, authentication of the content from A, he ( Z) made 5 page Notice in All Tower Notice Boards on A's image damage act , and also the same content in 239 member WhatApp Group . A's name appeared in Bold Capital and from the start of the Notice Z publicly convicted A with his own judgement.
Asked 9 days ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are online now to answer your questions.

23 Answers

It is necessary to peruse 5 pages notice sent by Z to advice 

Ajay Sethi
Advocate, Mumbai
75801 Answers
4532 Consultations

5.0 on 5.0

Please issue a legal notice to Z for unconditional apology otherwise you would prosecute him under section 500 I P C .

If he doesn't apologize then file private complaint before Magistrate Court and prosecute Z under section 500 of IPC  1860 r/w 69 of IT Act 2000 .

Ramesh Pandey
Advocate, Mumbai
514 Answers
1 Consultation

5.0 on 5.0

Yes,  you can take matter to sub-registrar of the co-op housing society and ask to dissolve the society body or society registration. 

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

Dear Sir,

If you feel defamed, you have 02 options of civil defamation or the criminal defamation. You may initiate any of the 02 options. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

- As per law, A society/RWA 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 as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary.

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.

- And further the unjustified actions of society to defame you , is against the jurisdiction of the society.

- You can lodge a complaint before the Registrar of Society , and the Registrar of Societies is bound to take action against the errant general secretary of the society on your complaint.

- Further, as per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Your mentioned details are amounts to Defamation, and a criminal case can be filed. 

- You can also file a civil defamation case, for claiming compensation, after paying court fees. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

Who is a Z to convict with his own judgment...

Serve them a legal notice 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

As mentioned earlier it is necessary to peruse 5 pages notice to advice 

 

2) if false and baseless allegations are made against you then you have to issue legal notice to with draw false and defamatory statements made against you and tender an unconditional apology 

 

3) if secretary refuses then file case of defamation against him under section 500 of IPC 

Ajay Sethi
Advocate, Mumbai
75801 Answers
4532 Consultations

5.0 on 5.0

Yes, you can file defamation suit against him u/s 499/500 IPC.

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

You can initiate defamation suit against Z both civil as well as criminal prosecution. Suit will file against Z for an act committed in individual capacity. Association fund should not be use to fund his attorney fees.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

Imputation by anyone for lowering image of a person is punishable under section 500 I P C 1860.

Defamation defined and aggravated form explained in 499 of I PC with exception. 

Section 199 Cr  P C 1973 explain process for filing the defamation Criminal complaint before the Magistrate Court. 

It is your to file case against all or one only.

If you choose Secretary alone not involving Society and other RWA groups then it would be a personal case against him barring to spend using Society fund.

Please prosecute Secretary only to keep him away from using Society fund.

Ramesh Pandey
Advocate, Mumbai
514 Answers
1 Consultation

5.0 on 5.0

What is your query?

A's act of passing general observation about the working committee and shared with his friend  is not an illegal act until and unless it had contained any derogatory or disparaging contents about any specific person.

The forwarding of this message to others through others do not require the consent or permission of the original sender, hence this act is also not an illegal act.

If Z, the secretary/president has displayed the comments or observations of  A with regard to the functioning of the elected body without clarifying the details from the concerned person or confirming the truth in the message, this act can be considered as an act which is not legally maintainable to defend  especially when the original sender takes it as offensive.

Z has no justification  to do such things without consulting his team members and arrive at a collective decision about it.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

You decide about further course of action in this regard.

The secretary has done this act in the capacity of the secretary/office bearer of the resident Welfare association and not in his personal capacity hence you may have to take action against the secretary only.

If you feel that you cannot spend money for litigation then you better remain silent about this without provoking it more.

You should remember that you have sent the message to X, but you have not restricted him from passing it on to others.

Hence there was no permission required for him from you to circulate the message to other members. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

Dear Sir,

 For the case under section 499/500 of IPC, you are not required to serve a notice and you may file the case directly in the court. You may also allege X and Y as committed conspiracy to get the information from you and then flouted the same. You case is made out against the society management and also against the persons involved in the conversation. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

You need to make society a party in litigation even if you file case against individual member of rwa. 

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

- Yes, as i mentioned above , but the offence committed by the Z is amounts to defamation. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

Defamation is concerned with reputation. 

Read the following carefully. 

No imputation is said to harm a person's reputation unless that imputation directly or indirectly,  in the estimation of other,  lower the moral or intellectual character of that person or lower the character of that person in respect of his caste or of his callings, or lower the credit of that person , or caused it to be believed that the body of that person is in a loathsome state, or in a state of generally considered as disgraceful. 

Does the imputation affect your reputation in any of the above way?

If not there is no defamation. 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1. Society Secretary, "on his own discretion" has no legal jurisdiction to use the official Notice Board for publication of any such mentioned things, UNTIL & UNLESS, the committee passes an resolution to display the same.

2. Secretary or Committee CANNOT file any prosecution on behalf of Society using the Society funds, WITHOUT obtaining unanimous resolution passed in the General Body meeting. IF no general body resolution is passed, THEN Secretary /Committee has no authority to file case or any type and neither it can use society funds for the same.

3. For purposes of Criminal prosecution, X & Y & Z and Secretary are guilty of Breach of Trust, Nuisance, Mischief, Defamation for Publishing a Slandering /Defamatory message, which was a private message from A to X.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

Yes this incident is clearly covered under Defamation 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

1. To review the functioning of RWA which is a public player and criticise it is the inalienable right of a citizen.

2. All authorities performing functions of a public nature must come into public domain only if they are willing to throw open their functioning to public glare.

3. It is not clear from your query as to what is the content of 5 page notice affixed on notice boards, but if it is defamatory then you are free to proceed with criminal defamation against him.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

you can file a defamation case in the respective District Court. For that, you have to file a draft complaint petitition stating your circumstances and annexing all your supporting documents.

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

You should serve a legal notice to person who put notice in the notice board of building mentioning your name in the notice.

But for proving defamation you need to prove that the observation you made were meant for private conversation and it was fault of other people who circulate your message in whatsapp group. 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

Well that amounts to defamation. You may give him a legal notice and then proceed accordingly.

Rahul Mishra
Advocate, Lucknow
8975 Answers
15 Consultations

5.0 on 5.0

There cannot be a case against the elected body. The case can only be filed against the chairman.

But keep this in mind that observation against him by you can also backfire against you as that also amounts to defamation if certain derogatory remarks were passed by you against the governing body.

Rahul Mishra
Advocate, Lucknow
8975 Answers
15 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer