16 , April , 2022
In a recent development, a Delhi court has directed Delhi police to lodge two FIRs against Raheja Developers for alleged fraud and cheating by selling flats that were already sold to others in Gurgaon.
The court informed that the allegations “prima-facie” showed the commission of an offence punishable under the sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy) of IPC.
The orders were passed by Chief Metropolitan Magistrate Dinesh Kumar on two separate complaints filed by Paramount Infratek Pvt Ltd and Choraria Securities Ltd against Raheja Developers Ltd.
“The complaints disclose the commission of the cognizable offence. The matters require investigation. It appears necessary that the matter should be investigated by the police properly as it would not be possible for the complainant to collect and produce all evidence,” the judge said.
The court also observed that the credibility of information was not a prerequisite criterion for registration of an FIR and directed the Economic Offence Wing of Delhi police to lodge an FIR and investigate the matter thoroughly.
The court in its order passed on 8th April, said that its needless to say the IO shall be well within his rights to investigate the role of the complainant also.
The further hearing on the matter will take place on 11th May.
Meanwhile, the judge directed the police to file the copies of both the FIRs within 10 days.
As per the first complaint, Paramount Infratek Pvt Ltd had booked 13 units in the accused’s project at Raheja Mall Sector 47, Sohna Road, Gurgaon, Haryana and made a payment of Rs. 6.75 crore to Raheja Developers. However, later the complainant came to know that the alleged persons had sold one of the shops to a third party without the consent of the complainant.
The complainant also alleged that it had booked five different units in the projects of the Raheja Developers and that those units were transferred in the name of some other company even though the complainant had already made payment of the entire consideration amount.
According to the second complaint, Choraria Securities Ltd had booked three flats in a project of Raheja Developers Ltd. Later, however, the complainant came to know that the accused sold two of those three flats to someone else.
In fact, the complainant also approached the police, but no action was taken, the complaint alleged.
(WITH INPUTS TAKEN FROM PTI)
