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Peaceful pamphleteering & banner against the Developer – Criminal defamation

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Homebuyers and Developers have not always been the best of friends.  This case is one of the innumerable instances where two have been at daggers drawn.

The home buyers not satisfied with the services provided by the develop and did not elicit response to their repeated entreaties, had decided to resort to unique form of protest.

The grievances raised in the banner are – A) not forming the society even after 18 months, B) not giving society accounts, C) not cooperating with the residents, D) not attending to the builders’ defects, E) not sorting water issue, F) poor lift maintenance, G) leakage problem, H) plumbing issues, I) dirty / bouncy approach road, broken podium, shabby garden, etc.

They had erected a banner visible to the public “We protest the Builder for” and We protest for our rights

The developer threatened to sue the home buyers for defamation unless apology was tendered.   When apology was not given, criminal complaint for offence under Section 500 read with Section 34 IPC was filed.

On 4.10.2016, the Magistrate, issued the summons.   The revision and the writ petition of the home buyers failed.

Judgment dated 17.4.2025 of the Supreme Court of India in Criminal Appeal No.2033 of 2025 of Shahed Kamal & others    Vs.   M/s. A. Surti Developers Pvt Ltd and another

 

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