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kushal.ashok@gmail.com (Student)     19 June 2011

Character assasination

I am living in a flat allotted to me as an employee. My neighbor has sent a complaint letter to the school I teach in, as well as other departments of the society. The letter specifies the following:

Coming home late after 1am, dragging the furniture on floor, water dropping from the air conditioner, etc.

All of these allegations are wrong and can not be proven in any way. viz:


1)The township security keeps a record of the vehicles entering after 11pm.
2)The way the dragging of furniture is being described has never actually happened.
3)A pipe has been attached to the AC for stopping the water.


The person has given a written letter that contains these false allegations. Now, I want to know if I can take any legal action against him for forwarding such letter to my school and other authorities.

I think this could be included in mental harassment or false accusations or public abuse as well. 

Moreover, the person keeps smoking outside his house, which can also be reported I guess.

This is a completely ridiculous stuff I came across recently and I want to shut this off!
Please tell me the concerned laws according to the Indian Penal Code ASAP!

Thanking you



Learning

 10 Replies

Ambika Prasad Mishra (Lawyer)     19 June 2011

In my opinion, these are very trivial matters and try not to enter into any kind of legal battle.

kushal.ashok@gmail.com (Student)     19 June 2011

Thanks for your help. Actually, I have to give a written reply to my school as well as the HR department of the township. So please help me further by providing the right kind of language to be used and also about the points to be included.

Ambika Prasad Mishra (Lawyer)     19 June 2011

Brother, I would just ask you to use simple language, which could be easily understood. It is not necessary that you should use legal terms or any high sounding english jargons. Your reply, must precisely state the points which in your considered opinion constitutes defence(e.g. records of township security) against such false allegations and if there is any specific instance which would go on to show that your neighbour has got personal enimosity towards you then do not forget to mention the same as the same would constitute his motive to make such false allegations against you.

1 Like

kushal.ashok@gmail.com (Student)     19 June 2011

That seems very appropriate to me. I will include the factual information only then. I am going to post my reply letter here in a while, so please tell me about it's authenticity.

 

Originally posted by :Ambika Prasad Mishra

"
Brother, I would just ask you to use simple language, which could be easily understood. It is not necessary that you should use legal terms or any high sounding english jargons. Your reply, must precisely state the points which in your considered opinion constitutes defence(e.g. records of township security) against such false allegations and if there is any specific instance which would go on to show that your neighbour has got personal enimosity towards you then do not forget to mention the same as the same would constitute his motive to make such false allegations against you.
"

(Guest)

Ambika has given you good advice. A lawsuit will create more hassle than your pesky neighbour. But at the same time, I suggest a face-to-face meeting with society President  in presence of the complaining neighbour.
This person needs to be dealt with firmly and you can orally tell this person not to create further problems which can lead to legal hassles for both.
 

kushal.ashok@gmail.com (Student)     21 June 2011

Thanks! Your advice is surely very helpful! I will try to arrange the meeting and get done with this problem ASAP.

 

Originally posted by :Uma

"
Ambika has given you good advice. A lawsuit will create more hassle than your pesky neighbour. But at the same time, I suggest a face-to-face meeting with society President  in presence of the complaining neighbour.
This person needs to be dealt with firmly and you can orally tell this person not to create further problems which can lead to legal hassles for both.
 
"

kushal.ashok@gmail.com (Student)     21 June 2011

 

My proposed Letter as a reply:

 

Sub: In reply to the letter from Mr.______

 

Sir

 

This is in reference to the letter being handed over to me as a complaint of my neighbor Mr.______ . I wish to inform that none of the allegations stated in the letter are straight. Following is an explanation for the same:

1) It is being stated that we have been coming back to home late after 1am MOSTLY, although one can check the registers being maintained at the society's main-gate which clearly specifies that we have not arrived after 11pm more than twice.

Also, the reason behind this late schedule is because we have to receive our relatives from ____ as there is conveyance problem after 9pm.

2) The movement of furniture and other sounds as stated in the letter has never actually happened. . Although, there were some civil repairs during day time by the maintenance personnels. Also, one should know that the reason behind these repairs was that most of our goods got burned during the fire at our previous residence ______. 

3) Leakage of water from Air-conditioner started recently due to the blockage of its drain hole. We have already called for the service-men who would take care of it. As for us, we already attached the drain tube during the installation whose photograph is being enclosed with this letter.

 

Thus, it can be clearly understood that the STATEMENTS being made in that letter ARE FALSE. I would also like to add that sending such a letter to all the authorities comes under the act of DEFAMATION. As this IMPUTATION (dishonest statement) has harmed my reputation, it comes under the EXPLANATION 1 of INDIAN PENAL CODE'S SECTION 499 and the defamer can be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both as per IPC's SECTION 500.

 

But I know that a lawsuit can be more hectic and shall not be required for such trivial matters. As I am not intending to enter into any kind of legal battle I would rather suggest a meeting with the HR manager (society) in presence of Mr. ______ (complaining neighbor). 

 

Thanking you

_________

 

 

Please tell, whether there are any flaws with this letter of mine?

Ambika Prasad Mishra (Lawyer)     23 June 2011

To be honest, I dont feel that there is any need for the last two paragraphs. You need not inform the Authorities as to what the law on the subject is. To me it appears little awkward. Instead of mentioning such things, you can just write

"The complaint is nothing but an deliberate attempt on part of the complainant to defame me for reasons better known to him".

Even honestly speaking I dont also see the need for such a statement also. Because such statements might make the dispute bitter and bitter. However, You can always ask the Authority to arrange a meeting with the complainant so that his grievance can be addressed and you can also ventilate your grievance against that person. Above all bro, I would just ask you to stay calm and not be purturbed by such trivial matters, these are all parts and parcel of our daily life. I can understand your condition. But still if you will have rethink over the matter, then you would also come to agree with me that its a trivial matter and you need not give so much emphasis to it, rather you need to concentrate on more broader issues concerning your life.

I hope and believe that your issues will be addressed soon and the misunderstanding, if any, that has crept into both of your lives wuld fade away soon.

P.S. - Remember one thing, law will always remain as it is, even if you dont mention abou it in your reply, and you can take benefit thereof if the dispute gets bitter an bitter.

1 Like

Ambika (NA)     23 June 2011

I think this issue would have been trivail if the author's neibour had not sent the letter to his school authorities. I think a written communication is necessary to keep the record that the author has tried first informal means of sorting out issues rather than rushing into legal battle with the neibour and hence his purpose was not to  hust his neigbour but to resolve his problems.

I would suggest this letter should go to the neibour with a copy to the association. The author should keep a copy of it for his record.

These so called trivial issues no longer remain trivial when one has to go through this type of interference in one's daily life and more so when one's professional life and reputaiton is affected. Sometimes it is necessary to point out that it is a serious matter if it continues and keep harming your professional and personal life.

 No harm in giving a slight hint that you will  not take it lightly and would have to resort to legal remedies as a last resort to protect your professional  interest and personal peace.

1 Like

kushal.ashok@gmail.com (Student)     23 June 2011

Originally posted by :Ambika Prasad Mishra
"
"The complaint is nothing but an deliberate attempt on part of the complainant to defame me for reasons better known to him".

P.S. - Remember one thing, law will always remain as it is, even if you dont mention abou it in your reply, and you can take benefit thereof if the dispute gets bitter an bitter.
"

Thanks a lot for such a legitimate reply, but the reason I wrote those last two paragraphs are almost stated by Ambika!
The situation I am in forces me to show that I CAN take the matter seriously enough to make him regret his statements. The kind of person I am dealing with is among the ones who wouldn't try to negotiate unless and untill he understands that I can do some harm possibly. He is member of a union (to which a c.c. of the letter was sent by him) and just tried to boast of his links in a very unmannered way. If i don't take it seriously I could end up living under his conditions.


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