Delhi Court orders for FIR against builder firms for duping investors
Dec 07, 2022
New Delhi [India], December 7 : A Delhi Court has directed the police to register two FIRs against builder firms and their directors/partners for allegedly duping the investors after noting that the allegations are of a nature that warrants an investigation by the police/state agency.
Patiala House Court's Metropolitan Magistrate Yashdeep Chahal on December 5, 2022, ordered for registration of two FIRs under Section 406, 417, 420, 506 and 120B/34 of IPC against Builders - ISH Realtors Pvt. Ltd., Gambhir Housing LLP and their directors/partners - Vivek Arora, Prasanta Arora, Pankaj Gambhir, Naveen Gambhir, for allegedly committing the offences of Criminal breach of Trust, Fraud, Cheating and Criminal Intimidation.
The Court further noted that the allegations made in the complaint revealed that the commission of a cognizable offence and an enquiry under Section 202 of Cr.PC would be inadequate for a just and thorough elucidation of the truthfulness of the facts of the case.
According to the complainants, Raman Suri and Harsh Wardhan Suri, from Kanpur, Uttar Pradesh, booked seven and three retail shops, in ISH Realtors Pvt. Ltd./Gambhir Housing LLP./Delhi-based Builder's Commercial Project - 'Skyline-109', Sector -109, Dwarka Expressway, Gurgaon, Haryana, respectively. The complainants paid Rs.1,20,00,000 and Rs.30,00,000 with a 'Monthly Assured Investment Return Plan', under Agreements both dated April 4, 2013.
The complainant through Advocate Sumit Gehlot stated that the accused persons started defaulting in making payments of monthly Investment Assured Return. Later on, inquiries were made, and the complainants were shocked to learn that accused persons have no registrations/sanctions/permissions regarding said Commercial Project - 'Skyline-109' and on false representations, and false promises of the accused persons in conspiracy induced complainants and extracted the said money. The accused persons have cheated and played fraud, added the complainant.
Advocate Gehlot stated that the accused persons haven't started construction of the said project and have failed to deliver possession even after passing more than nine years and in fact abandoned the said project.
The complainants filed criminal complaints with Delhi Police but they were turned away and no FIRs were registered against the accused persons/Builders despite approaching the senior officials of Delhi Police, stating the complaint.
Later, complainants, represented through Advocates Sumit Gahlot from Fidelegal Advocates and Solicitors moved court before Metropolitan Magistrate, Patiala House Court.
The complainants also stated that till July 2021, amounts of Rs. 2,38,38,287/- and Rs.60,51,317/- are due as monthly Assured Investment Returns.
The complainants further alleged that the accused threatened to forfeit the said money and cancel the allotments and threatened to face dire consequences.
