The decision of the Bombay High Court
Bombay high court has ruled out that cheating by a developer can be taken not only a civil offense but, can also be considered as a criminal offense. This decision was held by Justice Sharukh Kathawalla and he stated in his orders that any complaint filed by public alleging cheating by a developer cannot just be taken as a civil case.
The ruling of the case was given while senior police officers of Malad police station refused to file an FIR against a builder for cheating. Justice Kathawalla said that despite such ruling it is disheartening to note that police officers are not ready to help common man in such matters and they refuse to lodge a complaint.
When a senior police inspector refused to register the complaint, Liberty Garden cooperative housing society filed a petition before the High Court against the developer.
As per the agreement the developer would complete the project in 22 months from the time when commencement certificate was issued with a six month grace period. According to the society, the developer failed to complete the project and stopped paying rent since April 2017.
