For telling the truth no case of defamation lies. No business person is interested to pursue litigation only for the sake if it.
Threat of legal action from builder on Google review comment
Hi, I received a notice on email from builder on taking legal action for 1* google review comment. Comment was given purely based on bad experience. Google review comment: "Very good at the time of Sale. Very unprofessional staff post sale. Had a very bad experience dealing with them." Experience: Bought two units from same builder in two different locations - one for end use (unit A) and other (unit B) for short term investment where builder agreed for buyback within 3 months at 150-200 less of market price. 55%+ payment was made for unit A and agreed amount was paid to builder for 2nd unit B. Builder asked to readjust the amount to be paid to me in unit A's remaining balance after their buyback of unit B. After final price of buyback of unit B, I asked for readjustment payment receipt towards unit A which was not provided even after multiple followups. I was waiting for adjustment receipt to pay remaining balance(only 20%). Suddenly builder sent cancellation notice of unit A in the name of delayed payment without 30 days prior notice(breach of agreement clause), however agreed to payback all my amount paid for unit A and B(with agreed buyback price for unit B). We visited their office and site multiple times requesting not to cancel because we purchased unit A for end use and was planning to build house. But builder forced us to cancel - We had to go ahead with cancellation without taking legal action to protect our capital. In cancellation agreement also, they forcefully mentioned that I approached them for cancellation due to shortage of funds. The price of cancelled unit was already appreciated by ~15% and we as customer were at loss wrt money, time, energy and morale harassment. After recovering our amount, we gave google comment based on bad experience. Please let us know if builder is eligible to file defamation case in this regard.
Asked 2 years ago in Consumer Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
Truth is best defence in defamation case
2) you have not maligned his reputation but merely recounted your bad experience
3) reply to legal notice sent by builder
Hi, The builder can't do anything. Don't bother about it.
i can tell you with complete surety that your google review does NOT amount to any defamation at all
you are entitled to your view based on your experience with this builder
if what has been stated in your query is factual, then the builder's act was completely unreasonable
instead of paying the buyback price of unit B, he asked you to do an adjustment in the money which you were to pay for unit A, and then without issuing any adjustment receipt, he sought to cancel both the units without complying with the agreement clause , only because by that time the price had gone up by 15% in the market.
also the fact that he made you sign a cancellation deed in which it is alleged that you approached him for cancellation, is also unreasonable
after looking at your comment, i think it is far from and not even remotely any defamation
if i were in your place i would have just blasted the builder on google review for his arbitrary acts
your comment is very docile
so be rest assured that the builder cannot take any legal action against you for your review comment
in fact i should tell you that you must mention the fact that he is attempting to silence you by sending legal threats on email, in another review comment, so that such dishonest builders are exposed
any comment which can be backed by facts and material evidence can by no stretch of imagination amount to defamation
No, he can't file any case.
As per law:
First Exception.—Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
The comment or review expressed in the google media are the facts experienced, whether good or bad, hence it will not constitute to any act of defamation.
The Madras High Court has observed that expressing adverse views on platforms like Google Review for the services received by a person would not amount to defamation of the service provider, as it is covered under the freedom of speech and expression in Article 19(1)(a) of the Constitution.
Internet is a free platform, and it is an important means of expression and communication… mere expressing views in Google Review about the services that were received in my opinion, does not amount to defamation,” said Justice V Sivagnanam.
In principle, anyone can write reviews about products or services. The right to free speech is enormously broad and cannot be restricted. Websites like google or trust pilot may allow users to write negative reviews about companies, their products or services. In principle, the posting of reviews by these users themselves also falls under the right to free speech.
You can issue a reply notice through your lawyer denying the allegations and challenge their proposed actions on this.
- The Madras High Court has observed that expressing adverse views on platforms like Google Review for the services received by a person would not amount to defamation of the service provider, as it is covered under the freedom of speech and expression in Article 19(1)(a) of the Constitution
- Being a consumer , you have legal right to mention your bad experience on any platforms , and no defamation case made out for the said comments
- You can give reply of the said legal notice after giving your experience with that builder .
Dear client,
Defamation rules in India stipulate that a false statement must cause harm to the injured party's reputation. The Indian Penal Code's Sections 499 and 500 apply to defamation. Your Google review might be protected as a reasonable comment if it is based on your actual experiences and opinions, especially if you can show proof of the problems you had. Legal outcomes, however, might be intricate and contingent upon particular facts. The builder has the option to pursue a lawsuit, but they would have to provide evidence that your review is untrue and has damaged their brand. Given the circumstances you mentioned, where your statements seem to be based on your experience, it may be tough for them to demonstrate defamation.
Hope this helps you.
You can contest any false case filed by her. If your review is true he can’t take any action against you. It’s not defamation if it’s a truth
