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Supreme Court Upholds Homebuyers' Right to Peaceful Protest Against Builders

In a landmark decision, the court quashed a 2016 defamation case, affirming constitutional protections for non-abusive consumer protests.

The Supreme Court has ruled that peaceful protests by homebuyers against builders does not amount to defamation. (PTI Photo/Atul Yadav) (PTI07_12_2024_000025A)
The defamation case against the residents was initiated in 2016 against which the Bombay high court in June 2024 refused to grant them relief and ordered them to face trial. (Representative photo)
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Overview

  • The Supreme Court ruled that peaceful protests by homebuyers against builders are protected under Article 19(1)(a) of the Constitution and exception 9 to Section 499 of the IPC.
  • The decision quashed a criminal defamation case filed in 2016 by A Surti Developers against Borivali residents who displayed banners highlighting construction grievances.
  • The court emphasized that the banners used temperate language and did not cross into offensive or defamatory territory, making the protests lawful.
  • The ruling balances consumer rights with commercial speech, ensuring buyers can voice grievances without fear of criminal charges.
  • This judgment sets a precedent for addressing builder-buyer disputes, aiming to curb misuse of defamation laws in real estate conflicts.