Character Assassination (Indian Penal Code)

[kushalashok]

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

[AFFA]

I wish to inform you that you may file a suit for defamation. The acts of other party are aimed to defame you and further sending of letter clearly covers the act of defamation. Section 499 of Indian Penal Code provides about defamation. Section 500 of Indian Penal Code provides about punishment for the offence of defamation. The initial burden will be on you to show that provision of Section 499 are fulfilled.

AFF

[kushalashok]

Thanks a lot for your reply. This information is very useful for me, as I can include such details in the letter I have to submit to the concerned authorities as a reply to these allegations.

Originally Posted by AFFA I wish to inform you that you may file a suit for defamation. The acts of other party are aimed to defame you and further sending of letter clearly covers the act of defamation. Section 499 of Indian Penal Code provides about defamation. Section 500 of Indian Penal Code provides about punishment for the offence of defamation. The initial burden will be on you to show that provision of Section 499 are fulfilled. AFF

[kushalashok]

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?

[Rahul02]

Hi,
Something akin to this has also happened in our complex. Can you tell me how did the matter finally settle?

[Lexus]

Ans:- Before going court you can notify the matter to the residents association members regarding the activities of your neighbor and to take necessary steps to stop these type awful activities. Also complain them about your neighbors smoking outside his house.

[kushalashok]

Originally Posted by Rahul02 Hi, Something akin to this has also happened in our complex. Can you tell me how did the matter finally settle?

My letter must have reached the neighbour eventually and there haven't been any complaints since then. Even the authorities chose to stay numb in this matter as I included the details about the concerned law.