Complaints of cheating by realtors not civil disputes: Bombay HC

Mumbai: The Bombay high court, while observing that police officers had a lackadaisical approach towards complaints filed against builders, said that complaints of being cheated by developers/builders could not be termed as “civil disputes” The court said that such complaints should be probed “diligently” by the police. The court further said that the police should not shirk their responsibility by terming such complaints as civil disputes.

A single bench of Justice S. Kathawala passed the order while hearing a petition filed by Malad-based Liberty Garden Cooperative Housing Society, against developer K.T. Group for failing to finish the society’s redevelopment project.

According to the petition, the society in December 2013 entered an agreement with the developer and in January 2015, a commencement certificate was issued for the project where K.T. Group agreed to complete the project within or before 28 months. In September 2017, the society approached the suburban Malad police with a complaint of cheating against the developer. However, the senior inspector of Malad police station said that the dispute was of a “civil” nature. Aggrieved with this, the society approached the high court.

Justice Kathawalla, after hearing the arguments in the case, said, “…Yet, officials in charge of police stations are not ready to assist the common man when the latter seeks police assistance and instead, show him the door by terming his complaints as civil disputes.”

The bench, which accepted the statement, directed the city police commissioner to look into the issue and take appropriate steps.