Engage a lawyer and reply to legal notice
truth is best defence in defamation cases
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Response to a defamation notice based on falsifications
I'm the President of an RWA. It has so happened recently that a repeat maintenance defaulter (who is an owner of a few apartments in the society) has sent a defamation notice to me. Context: 1. This person has lakhs of maintenance dues pending with the society (I and MC have successfully recovered some amount from him). He has bounced cheques which were part of an agreement to recover dues. When he got to know the RWA was filing a cheque bounce case on him he used a temporary water plumbing issue where water was stopped for an hour to claim we had cut his water - when that wasn't the case. We never cut his water. 2. Taking that as a reason - he then proceeded to block the society's entry and exit (same gate) using his cars causing distress to residents who couldn't get in or out with their vehicles for a good few hours. We have video proof of all this. 3. As society residents started complaining and stressing about blocked entry and exit - I had mentioned on the society's common WhatsApp group that the 'rotund fellow in the video is acting like a goonda' and harassing residents from entering and exiting. He also threatened to erase the Association from the Registrar - and calls the entire Association illegal because ' we didn't take his permission to form Association' 4. When we called police to inform them of the same, they did not turn up. Only responded when Tweeted about it. They falsely claim they had shown up but no one was there. We didn't get any registered numbers on SMS for calling 112. 5. Next day cops call me threatening to file serious criminal charges if I don't come to the station. 6. When I go the station, they proceed to take the maintenance defaulter's fake version as a complaint and not register my complaint and threaten me with fake criminal cases until I settle the matter/complaint. I provided a statement counter to the defaulter's complaint stating what had actually happened countering his version that I was stopping him from going to his apartments. This ordeal lasted 14 hours. Looking at my ordeal, the rest of the society more or less abandons me and won't come to the police station. 7. Now, this defaulter sends me a defamation notice for 50 Lakh saying I illegally stopped him from going to his apartment when in fact he deliberately blocked the entry/exit. He is claiming defamation on the grounds of me calling him 'rotund' and 'acting like a goonda' on WhatsApp group. This defaulter has a history of harassment of the society when asked to pay maintenance/dues etc. He is influencing the police clearly with his local MLA support. What should my response to his defamation notice be? And what should I do stop his harassment knowing fully well police are on his side. What are my legal remedies? I feel I'm suffering because I took the stance for standing up against this menace.
Asked 5 months ago in Criminal Law
Religion: Other
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8 Answers
You reply him through a lawyer and deny all the allegations
Hello,
- Your reply to the notice of defamation must be one denying the intent to insult or defame the person sendingvthe notice and the words used were only meant to identify the person and your description of his activity was realistic.
- Also in yourreply state clearly the context of the notice involving the troubles he has caused and the atrocities while he is on the wrong side of the law and his retaliation to you as the president of the RWA.
- Let's know in case you want any assistance with the actual sending of the reply Notice.
You have stated to be the president of RWA, if so whether you had taken action as a president or as an individual?
Whether your association is a registered body or an unregistered one?
For recovery of maintenance amount from defaulters, there is proper procedure as prescribed in the bylaws, whether you adopted the same or used yor own technique?
If your association is a registered body then you can take legal action against the member for all his illegal activities , by giving a complaint with the local police and if the local police is not taking up the matter seriously then yo can approach the higher police officer as a representative of the legal entity seeking direction to the concerned police to initiate legal action on your complaint as per legal.
You should always bear it in my mind that you are doing it in the captivity of the office bearer of the legal body and not as an individual, hence you may not involve personally in order to be harmed directly by the aggrieved person.
Now for this defamation notice you may issue a reply notice through a lawyer denying the allegations and can instruct him to not to proceed with his false complaint or to face legal consequences.
You can approach a local lawyer, discuss the matter at length and proceed as suggested
Dear Client,
As the President of a Resident Welfare Association (RWA), your primary duty is to ensure the smooth functioning and maintenance of society. Facing a defamation notice, especially under such contentious circumstances, can be daunting. Here is a comprehensive approach to address the defamation notice and tackle ongoing harassment, with relevant legal provisions and strategies.
Understanding Defamation and Relevant Legal Provisions
Defamation Law in India:
Defamation, under Indian law, is addressed under Section 499 of the Indian Penal Code (IPC), 1860, which defines defamation and Section 500 of the IPC which prescribes punishment for defamation.
Section 499 IPC: Defamation involves making or publishing any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person.
Section 500 of the IPC Provides for punishment with simple imprisonment for a term which may extend to two years, with a fine, or with both.
To constitute defamation, three elements must be established:
1. Imputation: There must be an imputation made or published.
2. Harm: The imputation must be made with the intention of harming the reputation of the person.
3. Knowledge: The imputation must be known or reasonably believed to harm the person’s reputation.
Civil Defamation: The person aggrieved can also file a civil suit claiming damages for defamation.
Steps to Respond to the Defamation Notice
1. Engage Legal Counsel:
Immediately consult a lawyer experienced in defamation cases. They will help you draft a formal response to the defamation notice and guide you through the legal intricacies.
2. Prepare a Detailed response:
Your response should clarify the context in which the statements were made. Emphasise the ongoing issues with maintenance dues and the obstruction of entry and exit points. Highlight that the statements made in the WhatsApp group were in response to the disruptive behaviour, not intended to defame but to inform and manage the situation.
3. Evidence Collection:
Compile all evidence that supports your claims, including video footage of the entry/exit blockade, records of bounced checks, and any communications related to the maintenance dues.
Document the sequence of events, including the interaction with the police and any witness statements from other residents.
4. Justification and Truth Defence:
Under Section 499 IPC, truth is a defence to defamation if the statement was made for the public good. Emphasise that your statement was true and made in the interest of the society's members’ welfare.
Addressing the Ongoing Harassment
1. File a Police complaint:
lodge a detailed complaint against the defaulter for harassment, obstruction, and disruption of peace. Since there is already a bias, ensure the complaint is comprehensive and includes all supporting evidence.
If the local police are unresponsive, escalate the matter to higher authorities, such as the District Superintendent of Police or the State Human Rights Commission.
2. Civil Suit for Injunction:
Consider filing a civil suit seeking an injunction against the defaulter from harassing you and other society members. This can include an order to restrain him from blocking entry and exit points and interfering with society’s functioning.
3. Society’s Legal Framework:
Ensure the society’s rules and regulations are documented and followed. The RWA can impose penalties on defaulters as per the society’s bylaws. Seek legal advice on enforcing these bylaws effectively.
Case Law on Defamation and Public Good:
Subramanian Swamy v. Union of India, Ministry of Law (2016): The Supreme Court upheld that truth and public good are valid defences against defamation.
Consumer Protection Act, 2019:
If the defaulter’s actions are severely affecting the living conditions in society, the RWA may file a complaint under the Consumer Protection Act for unfair trade practices, if applicable.
Responding to a defamation notice and addressing ongoing harassment requires a strategic and legally sound approach. By engaging legal counsel, preparing a robust response, collecting evidence, and leveraging relevant legal provisions, you can effectively counter the defamation claims and protect your rights and reputation. Simultaneously, taking steps to mitigate ongoing harassment through legal channels will ensure the smooth functioning of society and uphold the rule of law.
Dear client it seems a very challenging situation for you.
First of all i would congratulate and admire that you took a right stand. So be proud of that.
The fake defamation notice can be replied back any advocates so need to worry about that.
For police , you can file a complaint with the Magistrate via an Advocate.
You can also complaint to societies registrar against the default.
For more details you can please take paid consultancy.
If you are satisfied with the reply, kindly give me a 5 star rating.
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.
I can draft you reply to notice and guide you further course of action
- As per rule, the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.
- Further , the society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.
- Further, each member is liable to pay the monthly maintenance charges to the society irrespective of whether the member is of high profile
- Further , as per the rule , each member shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the association head or the management committee on behalf of the Association .
- Hence, if any flat owner is not paying the maintenance charges, it is open to the association to demand the same from the defaulting member in accordance with law, and after filing a suit before the Court.
- 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.
- Hence, the said comments cannot be considered as defamatory. You can reply the said notice after giving his acts of refusal to pay maintenance and threatening .
