Cheated by developer cannot be termed as civil dispute: Bombay HC

By Accommodation Times Bureau

MUMBAI

The Justice, S.J. Kathawalla of Bombay High Court on Friday said that the complaints filed by the members of the public alleging that they have been cheated by the developer cannot be termed as disputes of a civil nature.

The Petition was filed by a co-operative Society whose building was constructed in the year 1968. On 19′ December 2013, Respondent  K.T. Group through its three partners Dhairya Sheth, Sandeep Sheth and Dhruv Sheth entered into a Development Agreement with the Petitioner-Society. On 13′ July 2014, IOD was issued and possession was obtained by the Respondents/Developer from the members on 30′ September 2014.

On 21′ January 2015, commencement certificate was issued and the partners of K.T. Group agreed to complete the project i.e. on or before 22 months + 6 months grace period.

The Respondents failed to complete the project within a stipulated period and also failed and neglected to make payments towards compensation agreed to be paid to the members since Apri, 2017.

Though the Senior Inspector of Malad Police Station received a complaint from  the Petitioner society against the Respondents – K.T.Group, as far back as on September 23, 2017 , that the members of the society have been cheated by the developer, the Senior Inspector has failed and neglected to take any action in the matter, Kathawalla said.

He further added, “Instead he has written a letter to the complainant society stating that their complaint is in the nature of a civil dispute.”

During the hearing of petition the Justice Kathawalla said,  “I have in the past repeatedly recorded in my orders that the complaints filed by the members of the public alleging that they have been cheated by the developer cannot be termed as disputes of a civil nature yet the police officials in-charge of the police stations are not ready to assist the common man when they seek police assistance and instead show them the door by terming their complaints as being civil disputes.”

He said, when the concerned officer’s are directed to remain present before the Court and questioned as to what steps they have taken qua such complaints, they simply tender a mechanical apology.

“The Senior Inspector of Malad Police Station now states that he shall forthwith look into the complaint and take necessary steps. A copy of this order shall be forthwith forwarded to the Commissioner of Police, Greater Mumbai and the Deputy Commissioner of Police, Zone XI,” Justice said.

Kathawalla said that the case is stand over to June 13.

 

 

 

 

 





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