- It does not fall under defamation for builders
- Clarification by the Supreme Court
The Supreme Court clarified that homebuyers have the right to peacefully protest against builders, and such protests do not fall under defamation for builders. The Court stated that homebuyers have the right to express their dissatisfaction with builders through peaceful protests, such as non-abusive banners or demonstrations, which comes under the right to freedom of speech. It dismissed a criminal defamation petition filed against a group of buyers who displayed a banner outside a developer’s premises, pointing out poor construction quality.
The bench, comprising Justices K.V. Vishwanathan and N. Koteeswar Singh, stated, “We have concluded that the manner of protest undertaken by the appellants was peaceful and orderly, without using any objectionable or abusive language. We cannot say that the appellants crossed the line and entered into a criminal domain.” The judges further remarked, “The right to peacefully protest without violating the law is a fundamental right. Just as a seller enjoys the right to commercial speech, consumers should also have the right to express their grievances.”
In August 2015, after a year and a half of occupying the building in Borivali, the allottees set up a banner. The banner highlighted several issues, including the failure to form a society even after 18 months, not providing society accounts, lack of cooperation with residents, failure to address builder defects, unresolved water issues, poor lift maintenance, leakage problems, plumbing issues, a damaged approach road with sewage, broken podiums, a deteriorating garden, ignoring complaints, and lack of cooperation. In response, the builder filed a defamation case against the homebuyers.
