Metropolitan Magistrate Gaurav Dahiya directed the police to file a status report about the progress of the investigation on March 21.
According to the complaint submitted in the court through lawyer Rudra Vikram Singh, the complainant booked an apartment in a project of the Supertech on October 13, 2015, wherein he paid Rs 8,95,541 at the time of booking.
It was further alleged that on the inducement of the representatives and Directors of the Supertech, he took a loan from IHFL for funding the project on the assurance that they would pay an interest on the loan amount till the actual possession was given.
The complaint also alleged that the possession of the flat was due in 2017 however, till date neither any flat has been allotted nor the interest is being paid by the alleged company as assured by them at the time of signing of financing agreement.
The complainant’s lawyer Singh 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 victim that certain material facts were concealed as the RERA registration for the project is in the name of some other company.
“Moreover, despite making whole payment in 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 court noted.The court said that 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 in 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 NCLT, however, the said order was passed in 2021 but the alleged company was supposed to hand over the possession way back in 2017 and the reason for delay seems to be unsatisfactory,” the court said.
“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,” the court noted.
The court further stated that the identity of the accused persons are known to the complainant, however, he does not have means to gather or collect evidences against them to prove his claim.
“Aid of the state machinery is very much required at this stage for proper investigation. Therefore the Station House Officer (SHO) of Kalkaji police station is directed to register FIR for commission of offences under the relevant sections and investigate the matter as per law,” the court directed.
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