The Delhi High Court has pulled up the police for not lodging a case of cheating against a real estate firm for allegedly cheating several persons. The firm allegedly induced them to invest in its project to build a mall in north Delhi on a false promise of ownership of shops.
Justice Vipin Sanghi directed registration of an FIR in the case observing that the reluctance shown by the police in lodging a case raises doubts “as to whether the police are truly interested in performing its statutory obligations”.
‘Serious offences’
It noted that the police did not register a case despite disclosure of commission of serious offences, including criminal breach of trust and forgery. The High Court also questioned the stance taken by the police in opposition to such an order in the lower courts, saying it “shakes the confidence”.
The High Court said that non-registration of an FIR has led to “serious miscarriage of justice”.
“The possibility of the accused [Today Homes and Infrastructure Pvt. Ltd., its CMD V.K. Ghambir and director Arun Nayyar], who are builders with deep pockets, of influencing the machinery cannot be ruled out,” the High Court said.
The court also imposed a cost of ₹10,000 each on the firm, and its two officials and directed them to pay the amount within two weeks.
The court also quashed the lower courts’ orders rejecting the complainants’ petitions for registration of an FIR in the matter.
The complainants stated that the firm’s officials induced them to invest in their project — North Gate Mall in north Delhi — on “wrongful inducements” that the shops the petitioners would get would only be leased out to reputed brands and till it was done, the investors or owners would be paid a monthly rental by the firm.
However, the project was not completed on time. Possession of the shops was not given and the rents were only paid for a few months by another firm, allegedly connected to the accused, the complainants claimed in their plea.
They also alleged that the mall was not even completed and was sealed by the municipal corporation for violation of various building norms.
When they approached the police to lodge an FIR, they allegedly refrained from doing so and when they moved the lower courts for such a direction, the relief was denied, the petitioners also claimed in their appeal in the High Court.
