Homebuyers can protest their builders: Supreme Court

General view of the Supreme Court of New Delhi. |Photo source: Shashi Shekhar Kashyap

The Supreme Court upheld home buyers’ rights to peacefully protest builders, saying that making their freedom of speech a criminal offence is a clear abuse of the law.

“The right to protest peacefully without breaking the law is a corresponding right that consumers should have when the seller enjoys the right to their commercial speeches. Any attempt to portray it as a criminal offence, without making the necessary ingredients, would be an obvious abuse process, which should be a abuse process, and should be challenged in the Bud,” said the recent trial by KV Viswanathan judicial officer.

The case stems from a unique way of protesting against the builder A. Surti developers’ dissatisfaction with the builder. They erected a publicly visible banner in English, with dissatisfaction with the builder.

The builder company brings home buyers to allegations that damage their reputation. The Metropolitan District Court of North Buddha Boat in Mumbai summoned home buyers, who called on the Mumbai High Court to dismiss the builder’s case. However, the High Court refused the defense, forcing them to move to the Supreme Court.

“Homebuyers and developers are not always best friends. The situations that both have encountered on the dagger are numerous. This case presents an example of this,” said Justice Viswanathan, who made a judgment on the bench on April 17, also including N. Kotiswar Singh.

The court concluded that the protests adopted by home buyers were peaceful, orderly, and in any way, offensive or abusive in any way.

“Can’t say the appellant [homebuyers] Go past Lakshman Rekha and enter the area in question.

The Supreme Court found that, within the scope of one of the exceptions to criminal defamation, protesters’ protests reside under the rights of freedom of speech and expression as set out in Article 19, Article 19 of the Constitution.

“If the continued criminal proceedings against them are allowed to continue, it would be a clear abuse of the proceedings,” the Supreme Court said in an appeal by allowing home buyers.