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Cheating Allegations Against Developers Not Disputes Of Civil Nature

In Liberty Garden Co-op. Housing Soc. Ltd. vs K.T.Group, the Bombay High Court recently rapped police officials for terming as civil disputes allegations of cheating against developers and thereby, turning away complainants.

Justice S.J. Kathawalla observed, “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.”

The Judge further lamented the conduct of officials once the misconception is pointed out to them, noting, “Despite the above observations in my orders, I find that there is no improvement in the approach/conduct of the Senior Police Officers. 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 Court was hearing a Petition filed by one Liberty Garden Co-op. Housing Society Ltd. alleging that a developer, K.T. Group, had failed to finish the society’s redevelopment project despite repeated assurances.

Article referred: http://www.livelaw.in/cheating-allegations-against-developers-not-disputes-of-civil-nature-bombay-hc-raps-police-for-neglecting-complaints-read-order/

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