Delhi: FIR ordered against builder for duping man of Rs 1.3 crore

In 2019, local builder Mohd. Gulfam Qureshi, in Central Delhi area, approached complainant – Masud Alam and represented that he is developing a Residential Building on a property in Bara Hindu Rao, Delhi and has all sanctions/permissions from Local Authorities/MCD and has absolute right to sell 3rd floor of said property. Believing said builder, complainant agreed to purchase the 3rd floor for Rs.1.36 Cr. and entered into ATS 02.08.2019. Despite the delay in construction, under threat from the Accused builder to cancel ATS and forfeit earnest money, the complainant paid Rs.1,08,50,000/- to him from August 2019 to July 2021. In August 2021, the Accused builder told the complainant to be ready with balance sale consideration, though, construction was not completed. Later, the complainant was shocked when the Accused builder told him that the Sale Deed would be executed by the Owner (accused – Anshul Goel) and the complainant had to make a balance payment to him. 

 

The complainant realized that he had been trapped in bigger fraud by the accused duo -Builder and owner. They threatened complainant to make a balance payment to accused owner and get sale deed executed or otherwise they will forfeit payment made till then. The Accuseds promised to complainant that they will complete all pending works. Complainant in fear of losing entire money in Aug. & Sep., 2021 made balance payment and in bonafide belief got Sale Deed registered on 13.09.2021 before Sub-Registrar-I (Central Delhi) from accused Owner. To dismay of complainant, later entire said property was sealed by MCD. Upon asking, accuseds told complainant that due to some arrears of Tax, property has been sealed and they will get it de-sealed and accused builder also gave written undertaking of de-sealing.

 

After passing of 1 and half year and despite repeated requests made, accuseds did not get the property de-sealed. Upon visiting concerned office of Municipality, complainant was further shocked to learn that there is no permission/sanction granted for construction on said property. Later, accuseds (builder & owner) refused to get anything done and threatened complainant to face dire consequences. To dismay of complainant, thereafter, even MCD demolished the superstructure of said building including complainant’s said 3rd floor. Accuseds (builder & owner) sold said Flat to complainant without obtained any permissions/sanctions and even did not hand over possession to complainant despite receiving full sale consideration & registration of sale deed. Accuseds (builder & owner) in conspiracy with each other cheated and played fraud upon complainant in a planned manner, against which complainant filed Criminal Complaint dated 11.02.2023 before P.S. Sadar Bazar, Delhi, however, despite all no FIR was registered by Delhi Police. 

 

Having no other alternative, Complainant, represented through Advocates – Mr. Sumit Gehlot from Fidelegal Advocates & Solicitors, on 28.03.2023, filed a Petition under Section 156(3) Cr. P.C. before Ld. M.M., Central District, Tis Hazari Courts seeking registration of FIR, in which Court asked for Status report. When no complete Status Report was filed, on 29.04.2023 the Ld. MM directed to expedite enquiry and file “Conclusive Status Report”. Even on hearings dated 05.06.2023, 12.07.2023 & 22.08.2023 no “Conclusive Status Report” was filed by Delhi Police despite repeated directions passed by Court.  The Ld. M.M. through Order dated 27.09.2023 was forced to issue “Show Cause Notice” to the S.H.O. concerned for furnishing reasons for not submitting “Conclusive Status Report”. Finally, under pressure, to escape from anger and annoyance of Court, on 09.10.2023, the Ld. M.M. was informed that FIR No. 1113, dated 07.10.2023 has been registered under Section 406, 420 & 34 of IPC against the accused (Builder & Owner) by Sadar Bazar, Police Station. The complainant is represented through Advocates – Mr. Sumit Gehlot and Mr. T. S. Thakran from Fidelegal Advocates & Solicitors.