Supreme Court seeks builder’s response on plea to transfer defamation suit

The man approached SC seeking transfer of the suit pending in Thane to an appropriate court in Haryana's Gurgaon and claimed that the builder filed a case against him as he had lodged complaints alleging delay in handing over the flat's possession.

The Supreme Court has sought response from a Maharashtra-based real estate developer on a plea by a man, who had booked a flat in one of its projects, seeking transfer of a civil defamation suit filed against him by the builder. A bench comprising justices R F Nariman and S K Kaul also stayed further proceedings in the defamation suit pending before a court in Maharashtra’s Thane district. The man approached the apex court seeking transfer of the suit pending in Thane to an appropriate court in Haryana’s Gurgaon and claimed that the builder filed a case against him as he had lodged complaints alleging delay in handing over the flat’s possession.
Vineet Malik, a resident of Gurgaon, said in his petition that he had booked the flat in ‘Ekta Parksville’ project of real estate firm Ekta Parksville Homes Pvt Ltd in November 2011.
He alleged that despite taking about 95 per cent of the total consideration of the flat, the builder had extended the date of handing over the flat several times.
Malik claimed that due to the delay in handing over the flat, he wrote a number of e-mails and letters to the representatives of the builder but no satisfactory answer was given to him.
He alleged that acting on his complaint, the Maharashtra Police started an investigation against the builder.
“As a counter blast, respondent no. one (builder) filed a civil suit for defamation and a declaration to the effect that the agreement for sale had been validly terminated, inter alia,” the plea claimed, adding, “this was done in order to threaten the petitioner (Malik) and silence his voice against the illegal actions of respondent no. one (builder)”.