Cheating by a developer is a criminal offence, not a civil case, the Bombay high court told the city police recently. Complaints filed by the public, where they allege of being cheated by a developer or builder, cannot be termed as “civil disputes” and 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.
“I have repeatedly recorded in my orders that the complaints filed by the public alleging that they have been cheated by the developer cannot be termed as disputes of a civil nature. Yet the police officials 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,” said Justice Kathawalla.
The high court 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, KT Group, had failed to finish the society’s redevelopment project.
The court noted that the senior inspector of Malad police station, when asked to remain present in the court, has assured that he would look into the same and take necessary steps.
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