News: Delhi court orders FIRs against Raheja Developers for fraud, cheating-16-04-2022
Chief metropolitan magistrate Dinesh Kumar passed the order on two separate complaints filed by Paramount Infratek Pvt Ltd and Choraria Securities Ltd against Raheja Developers Ltd.
NEW DELHI: A Delhi court directed Delhi police to lodge two FIRs against a real estate developer for alleged fraud and cheating by selling flats that were already sold to others in Gurugram.
Chief metropolitan magistrate Dinesh Kumar passed the order on two separate complaints filed by Paramount Infratek Pvt Ltd and Choraria Securities Ltd against Raheja Developers Ltd.
The court said 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 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 observed that the credibility of information was not a pre-requisite criterion for registration of an FIR and directed the Economic Offence Wing of Delhi police to lodge an FIR and investigate the matter thoroughly.
"Needless to say the IO shall be well within his rights to investigate the role of the complainant also," the court said in orders passed on April 8.
The judge directed the police to file the copies of both the FIRs within 10 days and posted the matter for further hearing on May 11.
According to the first complaint, Paramount Infratek Pvt Ltd had booked 13 units in the accused's project at Raheja Mall Sector 47, Sohna Road, Gurugram, Haryana.
Paramount Infratek Pvt Ltd had made a payment of Rs 6.75 crore to the alleged company.
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 accused company and that those units were transferred in the name of some other company despite the fact that 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 the accused company, Raheja Developers Ltd.
Later, however, the complainant came to know that the accused sold two of those three flats to someone else.
The complainants had approached the police, however, no action was taken, the complaint alleged.
