Homebuyers in HC against gag order
Buyers contend that they have a right to air their grievances and raise complaints of delay
Sep 17, 2014
Source : The Times of India
Delhi High Court


NEW DELHI: Stung by angry Facebook posts by unhappy customers, a Delhi-based real estate company got an interim gag order from Delhi high court. Now, buyers have moved HC seeking the order be lifted.

Buyers contend that they have a right to air their grievances and raise complaints of delay. HC will consider arguments seeking vacation of the stay on Wednesday.

Earlier this year, Justice A K Pathak granted an ex parte gag order on a suit filed by 3C universal developers restraining buyers from uploading defamatory articles/materials against the firm. HC also ordered Facebook to block such material uploaded by buyers.

The company claimed posts by one Amit Chauhan, buyer of a flat in Noida, have damaged its standing and reduced business opportunities. Accusing Chauhan of leveling malicious and unfounded statements, the company sought atleast Rs 5 crore in damages for loss of reputation and business.

Chauhan accused the firm of filing a SLAPP suit (Strategic Lawsuit Against Public Participation) with the intention to silence, censor, and intimidate buyers concerned with 'deficiency in service' and 'unfair trade practices' being adopted by the firm.

Urging the court not to facilitate "stifling of dissent", Chauhan alleged that the company failed to deliver possession of apartments even on dates that it unilaterally extended in its favour through buyer agreements.

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