Wednesday, March 1, 2017

HC orders FIR for selling one flat to multiple buyers

 Gujarat high court has directed Anandnagar police inspector to register an FIR against builders and begin probe in a case where they are accused of cheating their clients by selling one flat to multiple buyers in a newly developed posh locality.

Complainant Mihir Yagnik had booked a flat in Stavan Alteza, constructed by Mihir and Toshal Desai of Sambhav Infrastructure Pvt Ltd, in Anandnagar. Yagnik had taken a loan of Rs58 lakh to purchase the flat and paid the developers Rs70 lakh.
When Yagnik went to take possession of the flat, he found that the flat was sold to another person by the builders. He was promised allotment of another flat in the same building. A few days later, when Yagnik visited the building for possession of the new flat as promised, he was surprised to find that the flat was sold to two other persons. The reason was that the prices of flats had skyrocketed after Yagnik had booked and made payment for the flat.

The builders negotiated with Yagnik and offered him Rs1.17 crore for the Rs70-lakh flat that he had booked. Yagnik agreed to the proposal and the builders issued cheques, but all the cheques, except one, got dishonoured.

Yagnik approached police to register a complaint of cheating, but Anandnagar police inspector told him that no case worth the name was made out for registration of FIR. He finally moved the high court and placed certain details apart from his own case showing how the builders have duped other persons also.

After hearing the case, Justice J B Pardiwala pulled up the police officer and observed, "Prima facie, I am of the view that the case is one of outright cheating and the police inspector could not have declined to register the FIR in accordance with law. I am informed that the very same developers have cheated many persons similarly situated like Yagnik."

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