Defamation
Ramkrishna
(Querist) 27 May 2012
This query is : Resolved
Sir,
One of the flat owner where we reside wanted to extend their duplex house by covering the open balcony on the common terrace and extend their duplex house they dont have any rights to the said balcony and their sale deed does not show any title registered on their name to the said area.
It is a set back area as per the building plans.
Before starting the construction they requested for our permission along with other flat owners who were present on the day.
They offered a compensation for it, as some of the flat owners were not present on that day we postponed their representation saying that after consulting all the flat owners we would decide upon the matter.
Even before consulting the other flat owners, some of us, including me objected to the proposal.
They suddenly started constructing encroaching into the common area without any permission from the muncipal authorities.
I made a complaint too the muncipal corporattion who issued a notice to them to stop the work as it was contrary to the muncipal rules.
But they continued the construction, Some of us approached the High Court and obtained a 'stay of coonstruction' which they did not heed to and we filed a contempt case which is pending.
They applied for regularizastion of the illegal and unauthorized structure which was rejected.
They approached the Civil courts and obtained a stay against the corporation not to demolish. They hid the fact thhat there is a W.P and C.C pending in the Hiigh court. The stay was vacated.
Then they approached the Addl. Chief Judge and obtained a stay against the orders of the Junior civil judge which was subsequently dissmissed.
Now they filed a CRP in the high court against the Judgment of the Addl. Chief Judge, Civil Courts.
Meanwhile they appealed to the Hon.ble Minister of Muncipal Administration asking him to get the Regularizastion done.
In that letter to the minister they specificall mentioned that some of the flat owners threatened,insulted and blackmailed them too give 5 lakhs rupees for not reporting about the construction to the Muncipal corporation.
They specifically named one person foor going to the corporation and reporting the matterr to the corporation.
In te minutes of the meeting held they offered compensation and they have also signed the minutes book.
CAN WE WITH THE ABOVE MATTERIAL (the letter to the minster where the allegation has been made of extortion which was obtained thru RTI) FILE A DEFAMATION OF CHARACHTER WITH BASELESS CHARGES IN THE criminal courts.
Sudhir Kumar, Advocate
(Expert) 27 May 2012
For making out case of defamation (civil as well as criminal) you have to prove 5 things :-
(1) statemetn is made by accused.
(2) statement is made regarding complainant.
(3) statement has been cvonveyed to a third party other than accused and complainant
(4) complainant has lost reputation by the statement
(5) satatement is false.
It appreas that in your case all five parameters are met.
By the way what about filing CP in high court for trying to obtain perjurious stay from lower court against high court order.
ajay sethi
(Expert) 27 May 2012
why you want to increase litgation ? you will end up paying more on court fees , ltigation fees. however if you have deep pockets then go ahead . issue legal notice then file suit
Shonee Kapoor
(Expert) 28 May 2012
I concur with Ld. Sethi, that it would only increase litigation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
