Mullanpur project: Court orders filing of FIR against builder in cheating case

Tribune News Service

Ramkrishan Upadhyay

Chandigarh, April 23

Chief Judicial Magistrate Dr Aman Inder Singh Sandhu has directed the police to register an FIR against Manohar Infrastructure and Construction Pvt Ltd and others on a cheating complaint of a city resident.

Ram Deo Singh has filed a complaint before the court under Section 156(3) Code of Criminal Procedure for directing the police to register the FIR for the offences under Sections 406, 420 and 120B of the IPC against the builder.

Ram Deo said he had booked a plot measuring 250 sqyd in a project being developed by the builder in Palm Garden, Mullanpur (New Chandigarh), near Chandigarh vide application dated February 28, 2012. A booking amount of Rs 500,000 was paid on February 27, 2012.

He said the builders assured that they have authority to collect the money for selling plots and have already applied for approvals that would be obtained within 6 months and that the plot would be delivered within next 2 years.

He alleged that when the builder sold the plot, the company was not even registered with GMADA to obtain license under Section 5 of the Punjab Apartment & Property Regulation Act, 1995 (PAPRA).

He alleged that even after receiving a substantial amount of Rs 2375,000 out of the total Rs 4750,000 the builder has not even issued the allotment letter and no buyer’s agreement has been executed between the parties.

The court said as per record that the accused were having no authority to collect money from the complainant in 2012 for plot allotment. It was settled law that if the information given clearly mentions the commission of a cognizable offence, there was no option, but to register an FIR forthwith, it said.

The court, while relying on a Supreme Court judgment, directed to send the complaint to the SHO of concerned police station for registration of the case and investigation under 156(3) Code of Criminal Procedure, 1973 . It also fixed May 30 as the next date of hearing.

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