Big HC relief for homeowners against builders; cops, please mind

Complaints filed by the public over alleged cheating by a developer or builder cannot be termed as “civil disputes” and the police have to probe such cases diligently, the Bombay High Court has said. Justice Shahrukh Kathawalla in an order passed last week said police should not shirk away from their responsibility by terming such complaints as civil disputes.

The HC passed the order while hearing a petition filed by the Liberty Garden Cooperative Housing Society, situated in suburban Malad, claiming that despite several assurances a developer, K T Group, had failed to finish the society’s redevelopment. According to the petition, the society had in December 2013 entered into an agreement with the developer —through its three partners Dhairya Sheth, Sandeep Sheth and Dhruv Sheth — to redevelop the society complex.

In January 2015, a commencement certificate was issued for the project where the K T Group had agreed to complete the project in or before 28 months. However, the developer failed to complete the project within the stipulated period and also refused to make payments towards compensation to the society members since April 2017.

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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 the dispute was of civil nature. Aggrieved with this, the society approached the high court.

Justice Kathawalla, after hearing brief arguments in the case, said complaints filed by the members of public alleging that they have been cheated by a developer cannot be termed as disputes of civil nature.

“...Yet the police officials in-charge of police stations are not ready to assist the common man when they seek assistance and instead show them the door by terming their complaints as being civil disputes,” Justice Kathawalla said.

“When the officers are directed to remain present before the court and questioned as to what steps they have taken on such complaints, they simply tender a mechanical apology,” he added.