Monday, March 20, 2017

High court refuses to quash FIR against builders for cheating

Gujarat high court on Monday refused to entertain petition filed by builders for quashing of an FIR for cheating a customer by selling a flat to multiple buyers.

Making the builders withdraw the petition, Justice J B Pardiwala made a comment that people spend their lifetime to fulfil their dream of buying a home of one's own. Any cheating on part of builders to spoil people's dream becomes an unpardonable offence. With this comment, the HC refused to quash the FIR, which was registered with Anandnagar police on directions issued by the same court last month. In this case, 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 Rs 58 lakh to purchase the flat and paid the developers Rs 70 lakh.

When Yagnik went to take possession of the flat, he found that his flat was sold to another person by the builders. He was promised another flat in the same building, but the second flat too was sold out to some other buyer.

The builders negotiated with Yagnik and offered him Rs 1.17 crore for the Rs 70-lakh flat that he had booked. Yagnik agreed to the proposal and the builders issued cheques, but all cheques were dishonoured except one. After suing the builders for dishonour of the cheques, Yagnik tried to lodge an FIR against them for cheating. The police however refused to register the FIR on the ground that it was a civil dispute. When police did not register his FIR, 

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