Sir,
I am a member of a Co-Operative Housing Society (CHS) at Vikhroli, Mumbai, Maharashtra whereby the committee members particularly the Secretary and the Chairman have been in some cases working against the set CHS byelaws for which I had complained to the Registrar in July 2014.
With an intention to harass and intimidate me, Society had passed a resolution in an illegal manner in 2014 relating to my explusion which was brought to the notice of Registrar. On my complaints relating to illegal expulsion, issuing illegal notices on Notice Board, willfully disobeying the registrar instructions amongst a few, registrar had a meeting to hear both the parties say and had issued orders to Society u/s. 79 2(a), u/s.79 2(b) to abide by the relevant byelaws which was challenged by Society to Div. Jt. Registrar who had directed Society to abide by the orders issued.
The committee members have been till date harassing me and my family ever since I had complained in July 2014 to the registrar about their working and there have been instances recently wherein they gave misleading information to the members in the society about character of me and my family.
This led me to check if they had given such misleading information to other outside regulatory authorities for which I filed an (Right to Information (RTI) on 14 July 2016 Receipt No.570857 wherein along several documents I am shocked to find a letter from Secretary on the letterhead of the Society written to the Registrar MHADA dated 18 September 2014 in Marathi language referring to me as a member who is (असभ्य – indecent; उर्मट- defiant ; अडेल –intractable ; चुकीच्या व्यक्तिमत्वाचा - wrong personality ; शिवीगाळ करणारा – one using abusive language , गुन्हेगारी प्रवृत्तीचा – one with criminal tendency ; अयोग्य चरित्र – one with indecent character and by giving such misleading information asks for suggestion from Registrar how to deal with such member.
My question is that on the basis of the several documents including the Society AGM MINUTES of year 2014 and the audio recording of the AGM wherein the Secretary is instigating other members present to become physical with me, AGM Minutes of year 2015 and in the subsequent letters by him to the Registrar, letter from Society Lawyer to the Registrar in June 2015 wherein most of the aforesaid comments were reproduced, MOST IMPORTANTLY may I use the document which I had got through RTI in July 2016 WHICH SPECIFICALLY TARGESTS MY CHARACTER, may I use this RTI document as a supporting document in my Notice to Society for CHARACTER DEFAMATION????
Your guidance will be more than appreciated.
Regards.
Ashok Shetty
Note : May I say here that I am an educated person and am working in a very responsible position in a Pharma Company for last 20years and I am a person with a good character and behavior and very responsible and co- operative neighbour in this society for the last 35years. Since 2014 there have been several orders from Registrar and Divisional Joint Registrar to the society to abide by the CHS Acts,rules and regulations and the byelaws and their duties and responsibilities, which has strengthened my faith in the judiciary all these years.
