Character Assassination, Harassment and Defamation
Sudhir
(Querist) 31 August 2010
This query is : Resolved
I am Secretary of a Co-operative Housing Society in Mumbai. It is an excellent Society but some members, a few of them defaulter, are making my life miserable. Every now and then They make me their personal target and keep on writing nasty letters. They have recorded me Cheat, liar, han-in-glove with the builder, not trust worthy and have even attempted for verbal and physical assault. They keep on causing tremendous harassment to me and cause a nuisance not only on personal level BUT also it effects running of the Society. This otherwise is an honourary work. All our accounts are uptodate and get periodically audited by an internal auditor who is appointed by the General Body of the Society. Several times I have advised these Nuisance makers to join the Committe and execute the M-20 Bond. BUT they would not come forward to join BUT want me to run the society in their way and want me take action the way they want and record resolutions the way they want. It is not possible for me to leave the committe just because of these 7 persons (out of 89 of the Society). Now their acts are getting intolerable. I intend to initiate legal action against such members. Please suggest a way out. Regards. Sudhir Ashta
Guest
(Expert) 31 August 2010
YOU MAY PUT THE SUBJECT MATTER BEFORE ALL THE MEMBERS IN THE MEETING AND IF POSSIBLE ISSUE NOTICE TO ALL THESE MEMBERS WHO ARE ABUSING YOU AND MAKING YOUR DEFAMATION.
IN CASE THERE IS NO IMPROVEMENT OR REPLY YOU MAY FILE A CIVIL/CRIMINAL COMPLAINT IN THE COURT UNDER PROVISIONS OF I.P.C. FOR ABUSING AND FOR DEFAMATION AND FILE A CIVIL SUIT FOR COMPENSATION FOR DEFAMATION.
Sudhir
(Querist) 31 August 2010
Thanks very much sir. Actually the matter has already been discussed in the Managing Committee Meeting. Because of the Bond and otherwise,the MC Members are all together because we take only such decisions which are unanimous. Even a single Members showing least of concern for point under discussion, we just leave it at that. We all a family. Most of the Society Members are, kind of, least concerned with going ons because we ensure proper service to the Society and every bit of the money is accounted for and spent wisely. But these 7 persons write some letter and get a few more sign on the same. Some of these signees cannot even read English but put their signature on the letter. I wrote a letter yesterday to all such members and signees that either they must take back their allegation by 02-09-2010 or else I will initiate legal action against them. Thanks for the Advice and providing a solution. Kind Regards. Sudhir
M/s. Y-not legal services
(Expert) 01 September 2010
Nice to hear that you are genuine to your society. Don't show your sympathy to anybody. Take necessary legal actions against them.. You can file a civil and criminal cases for compensation and defamation.. Cr.p.c section 200 is a great weapon to public. Use it properly.
Sudhir
(Querist) 01 September 2010
Thanks very much Shri Thangapandian. Actually, for about 2 years I was tolerating all this because I was thinking that these members are from my own society and one day they would understand. But now it appears that they have taken my silence for granted. I have full faith in Judiciary and now decided to go ahead with Legal Action. A few words from the experts like you and Shri Sawant provide a great deal of Confidence. Thanks very much for your time that you spent and thanks for your reply. Kind Regards. Sudhir
sanjay mundada
(Expert) 06 September 2010
friend
i agree with resp.experts.
i would like suggest you to check and read carefully your society constitution and find out is there any clause to kick out of society and issue them notice ,and do counter action ,u may get rid of it.
best wishes.
Sudhir
(Querist) 07 September 2010
Thanks very much Mr. Sanjay. You said it very right. We must look into this aspect also. So far we were sitting tight thinking that on experiencing the work done by our Committee would be acknowledged by them sooner or later. However, now it is amply clear that they are not ready to mend ways and would continue to harass us. Therefore, we are looking towards all possible actions now. One of these member is a persistent defaulter and his amount of default has come to about Rs.2.50 Lakhs. The bye-laws of the Society and the Maharashtra Co-op. Act 1960 and Rules 1961 do have provisions to remove such defaulters from the Membership of the Society. We would be initiating this drastic action also very soon. Thanks for the reply. Kind Regards.
