New Delhi [India], March 18 (ANI): Delhi's Saket court has directed Delhi police to register an FIR against Supertech Limited in a matter pertaining to the alleged delay in the possession and consequent breach of the agreement.
Metropolitan magistrate Gaurav Dahiya of Saket District Court directed the SHO of Malviya Nagar police station to register an FIR and to investigate the matter as per law.
The court also directed to send a copy of the order and asked him to file a report on the status of the investigation on March 21.
The court said, "The perusal of the case records and averments made by the complainant prima facie shows the commission of a cognizable offence which needs investigation by the police."
"It should be noted that the accused persons are in a position of influence and seem to have cheated an innocent buyer who may have invested all of his savings and earnings in the said property," it added.
The court observed, "While the identity of the accused persons is known to the complainant, however, he does not have means to gather or collect evidence against them to prove his claim. The aid of the state machinery is very much required at this stage for proper investigation."
The court pointed out, "The Perusal of the case file shows that time and again ATRs were
filed by the enquiry officer stating that the reply to the notice is not being given by the director of the alleged company."
"Moreover, when the final ATR reply was filed, the alleged company has taken the plea that the construction work could not commence due to CIRP proceedings initiated against the company by the NCLT, however, the said order was passed in the year 2021 but the alleged company was supposed to handover the possession way back in the year 2017 and the reason for the delay seems to be unsatisfactory," the court added.
"Therefore, in view of the above, SHO PS Kalkaji is directed to register FIR for the commission of offences under the relevant sections and investigate the matter as per law," the judge ordered.
An application seeking registration of an FIR filed by the complainant Rahul Kumar against the accused persons for registration of FIR.
An Action Taken Report was called from the EO/Inspector as per which the matter pertains to delay in possession and consequent breach of agreement and thus, civil in nature.
It was alleged by the complainant that an apartment was booked by him in the project of the alleged company on October 13, 2015, wherein he paid Rs 8,95,541 at the time of the booking.
It was further alleged that on the inducement of the representatives and Directors of the alleged company, he took a loan from IHFL for funding the project on the assurance that they would pay interest on the loan amount till the actual possession and the loan was taken.
It has been further alleged that the possession of the flat was due in 2017 however, to date neither flat has been allotted nor has the interest is being paid by the alleged company as assured by them at the time of signing of the financing agreement.
It has been also alleged that the complainant has been cheated by the alleged company and his hard-earned money has been wrongfully snatched from him.
On being asked how field investigation is required, the complainant has argued that the flat was booked on the assumption that the alleged company was having a sanctioned building plan
however, lately, it has come to the notice of the complainant that certain material facts were concealed as the RERA registration for the project is in the name of some other company.
Moreover, despite making the whole payment in the year 2015, no work had been started till 2016 and no communication was ever received from their side.
Even the interest to the finance company is being paid by the complainant himself, the complainant alleged. (ANI)