C&C Construction company is in troubled water since the much hyped Mohali ISBT project has been abandoned by the officials roped during Badal’s regime. Non bailable warrants and lookout notices have already been dispatched against Chairman GS Johar & Chief General Manager CVS Sehgal.
So now builders should fear of homebuyers as complaint is maintainable in both forms – FIR & Consumer Complaint. If prima facie constitutes the elements of cheating, then builders will go certainly to jail, like in this particular case.
Soon the bigger culprits will land into jail once the director starts sharing the whereabouts of other directors.
Story – Sanjay Gupta a director of C&C Towers has been booked for cases of fraud. In the first case the promoter failed to hand over the property to the complainant after charging the requisite fee and taking the documents. In second case the company failed to give possession of the property promised to the complainant. The police arrested Mr. Sanjay Gupta on receiving complaints for cheating. Mr. Sanjay Gupta has been charged for criminal breach of trust, cheating and dishonestly inducing delivery of property and criminal conspiracy in the court. Mr. Gupta is looking at imprisonment up to seven years if found guilty.
Maintainability of FIR against builder against builder for real estate disputes.
An allottee can lodge an FIR with the police at the place of registered office of the builder in case of non-compliance of the obligations by the builder.
A criminal complaint can be filed in the following cases;
- Fraud in booking
- Cancellation of booking after receiving booking amount.
- Non-delivery of possession
- Creation of third party interests
The police after registering an FIR will investigate the case and collect evidence to make charge sheet against the builder.
An FIR can be registered for cheating under section 420 and criminal breach of trust under section 405 of Indian Penal Code, 1860.
The offence is cognizable and falls under the category of Non bailable. It is triable by Magistrate of the First Class.
If you have a similar case of cheating against builder, then you can contact best/top/expert consumer criminal advocate lawyer who can take up your matter with the Police Authorities in Chandigarh Panchkula Mohali and nearby areas.
This post is written by Soumya Mittal. For more info, feel free to dial 99888-17966.