Police register FIR against builder under criminal offences after court orders
Oct 10, 2023
New Delhi [India], October 10 : The Delhi Police has informed the court that it has registered a First Information Report (FIR) against a builder and owner of a property under criminal offences for allegedly duping a flat buyer.
The FIR mentioned criminal offences including criminal breach of trust, misappropriation of money, fraud and cheating.
According to the complainant, in 2019, a builder named Masud Alam approached the complainant and represented himself to be leading the construction of a building in the Central Delhi Area and having absolute right to sell the third floor of the said property on behalf of the real owner of the said property and further represented that he has all sanctions and permissions to develop the said property as per Rules/Bye Laws from the Local Authorities/MCD.
The accused builder further represented that he has extensive goodwill and experience in building construction lines adding that he is a man of repute in the said field and will develop the said property.
The complainant further stated that believing the said representations, he agreed to purchase the third floor of the said property for a total sale consideration of Rs 1,36,00,000 and entered into an agreement dated August 2, 2019, to sell and gave Rs 10 lakh as earnest/advance money.
The builder delayed the construction and sought extensions on one pretext or the other. Despite the delay, the accused builder pressurized the complainant to make the payments or otherwise, he will cancel the agreement to sell and forfeit the amount paid. Having no other option, the complainant kept on making the payments to the accused and paid Rs 1,08,50,000 from time to time (From August 2019 to July 2021), the complainant stated.
In August 2021, the accused builder told the complainant to be ready with balance sale consideration, though, construction was not completed. The complainant was told that the sale will be done by the owner/co-accused and the complainant should make the balance payment to him.
The complainant realized that he was trapped in bigger fraud by the accused duo.
They threatened the complainant to make the balance payment to the accused owner and get the sale deed executed or otherwise, they will forfeit payment made till then.
The accused promised the complainant that they will complete all pending works. The complainant in fear of losing the entire money made the balance payment in August and September 2021 and in bonafide belief got Sale Deed registered on September 13, 2021, before Sub-Registrar-I (Central Delhi) from the accused.
To the dismay of the complainant, the entire said property was sealed by MCD later. Upon asking, the accused told the complainant that due to some arrears of tax, the property was sealed and they will get it de-sealed. The accused also gave a written undertaking of de-sealing.
After passing of one and a half years and despite repeated requests, the accused did not get the property de-sealed. Upon visiting the concerned office of the Municipality, the complainant was further shocked to learn that there is no permission/sanction granted for construction on said property.
The complainant alleged that the accused (builder & owner) in conspiracy with each other cheated and played fraud upon the complainant in a planned manner, against which the complainant filed a criminal complaint dated February 11, 2023, before P.S. Sadar Bazar, Delhi, however, despite all no FIR was registered by Delhi Police.
Having no other alternative, the complainant, represented through Advocates Sumit Gehlot from Fidelegal Advocates & Solicitors, on March 28, 2023, filed a Petition under Section 156(3) Cr. P.C. before Metropolitan Magistrate Central District, Tis Hazari Courts seeking registration of FIR, in which Court asked for Status report.
The Metropolitan Magistrate through Order dated 27.09.2023 directed Delhi Police to issue a "Show Cause Notice" to the SHO concerned for furnishing reasons for not submitting a "Conclusive Status Report".
Later on 09.10.2023, the MM was informed that FIR was registered under Section 406, 420 & 34 of IPC against the accused (Builder & Owner) by Sadar Bazar, Police Station.
