Legal Question in Criminal Law in India

Hello,

I am a senior citizen staying in a housing society since the last 38 years along with my wife and daughter.

Recently there was some civil work being carried out by my immediate neighbor & on the floor above me. Due to the heavy duty work being carried out simultaneously in both the flats as they had used bulldozer type machinery to pull down their tiles & carry out their other work and due to which a slight hair line fracture came up on my false ceiling. I brought this to the notice of the managing committee vide my various letters from early this year, where no concrete action was taken against these two members.

As there was no response from the managing committee I personally visited the society office & requested one of the committee members to look into this matter. The managing committee then appointed the Jt.Hon Sec to look into this matter. On 25th Jan 2011 the Jt.Hon Sec along with a building watchman visited my premises n took stock of the situation. On 27th Jan he then shot out a letter to me stating that we are looking into the matter & will get back as soon as possible.

On 5th or 6th March 2011 I received another letter from the Jt. Sec which was a CC sent to me. It was a letter to only 1 of the members in who�s flat the work was going on. The Jt. Sec had informed the said party that it was due to him that the false ceiling had cracked and had requested him to send his architect for physical inspection and to solve the matter amicably. I had in my communication mentioned to the Managing committee that as I did not know due to which of my neighbors work the cracks had developed and to kindly please send a surveyor to take stock of the situation.

That neighbor did come to my premises when I was not there along with his architect saw my premises n verbally told my wife that it was not due to their work that my false ceiling had collapsed.

On 16th march 2011 I had gone along with my family to the cardiologist for a check up as on 15th Feb 2011 I had to undergo an angioplasty. When I returned at 9:15 � 9:30 P.M to our horror as I opened the door I saw that the false ceiling had totally collapsed & was on the support of the two fans which too could give way due to the heavy load on it. As it was such a catastrophe I called up the Jt.Sec to come and visit my flat & see as to how the entire false ceiling had collapsed due to his negligence. He gave me an excuse that as he was out he would not be able to come that night & would come the next day. I had got very worried as the situation was very bad, so I called upon 2 other committee members to please take stock of the situation. One of the committee members also advised me to take out photographs for my future reference.

The next day I again tried calling up the Jt.Sec but he did not respond to my call and after some time called up on my daughters mobile & informed her that he was coming , to which my daughter requested him to come with the other senior committee members so that some timely & quick action could take place. He informed her that they would not be able to come & that he would be coming alone.

He saw the disaster caused & I brought it to his notice that had he taken timely action such a scenario would not have occurred due to which there was a heated argument amongst us. He then got very furious and very close to my daughter to attack her. Upon leaving he also threatened my daughter that see what I do�. As there was a family friend�s death event, my daughter along with my wife had to rush there & did not pay heed to his threat as they were getting late. The Jt.Sec in the mean time went to the police station & filled a N.C against my daughter & me for false allegation, misbehavior, physical handling & using abusive languages. The officer in charge called upon my daughter & warned her of the same where she asked the officer if she had to come to the police station where the officer in charge informed her that it was not needed. In response I too filled a reply to the police for all that had happened as suggested by a couple of friends on emergency basis for which till today the police has yet not called upon me.

He later sent me a notice thru his lawyer for the same which was adequately defended by me & then again it was followed by another letter by his advocates asking for an unconditional apology from both of us. Which I again refused as it was my case before him & not vice versa.

Suddenly on 3rd June 2011, I again received a call from the area police station as to not to cause any disturbances with him by abusing him and I was asked to come to the police station. Upon a little inquiry from the officer in charge I was informed that the Jt.Sec had filled another N.C against me that I had abused him on the night of 2nd June 2011 @ 8:30 P.M. in the building premises & that he also has a witness to the same. I was shocked as the previous day from afternoon 2 P.M I was out of my house along with my wife & had returned home only @ 11:30 in the night.

I now want to find out as to why is the Jt.Sec putting false allegations� against me? & what could be his future game plan? What is he trying to achieve? Now I have a fear that he could again try similar tactics to frame me & my family in some way. I would be obliged if you could guide me for the future course of action/precautionary measure to stop this menace.

Thxs in advance

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