Subject: Taking action against the Builder malpractices:-
1. M/s Pal Infrastructure & Developers Pvt. Ltd.
2. Shri Manav Chandra
3. Shri Rajesh Kumar
4. Shri Harpal Singh
Sir,
The applicant respectfully submits as under:-
1. That M/s PAL Infrastructure & Developers Pvt. Ltd is a company incorporated under the companies Act. 1956 having its corporate office at 148-152, 1st floor, Edmonton Shopping Centre, Hotel Bristol, Gurgaon – 122002.
2. That Shri. Manav Chandra S/o Sh. Mahesh Chandra is its Director and authorized signatory. Shri Rajesh Kumar Yadav S/o Shri Harpal Singh is also Director and authorized signatory and Shri Harpal Singh is its Chairman and all they are responsible for day to day affairs and conduct of the company and they are liable and responsible as signatories of the company. As such, they can be prosecuted for the act and affairs of the company M/s PAL Infrastructure & Developers Pvt. Ltd.
3. That the company advertised to sale their flats in Sector 89, Faridabad (Haryana) and invited applications for booking the same.
4. That the applicant booked the Flat No. J-201 having covered area of 1575 Sq. feet at Sector-89, Faridabad for a sale consideration of Rs. 34 Lacs as per agreement dated 06/01 at the time of booking of the above said Flat the said applicant paid Rs. 3, 50, 000 vide cash dated 06/01 and Rs. 3, 50, 000 vide cheque No. 264412 dated 10/03 and Rs. 1, 00, 000 vide cheque no. 264423 dated 31/10 and Rs. 50, 000 vide cheque no. 407025 dated 07/05 and in this way applicant paid a sum of Rs. 8, 50, 000, for which the accused issued receipts for the same, in the name of the applicant.
5. That at the time of booking of the flat, the accused have shown the map of the flat which was exhibited by them in a glass frame to the applicant. They also assured that they have purchased the land and map for construction of the same have already been sanctioned by the appropriate authority. The accused also assured that the license has already been issued for the construction, advertising, booking and selling of the flat by the appropriate authority.
6. THAT in this way, the accused induced the applicant to deliver a sum of Rs. 3, 50, 000 and on inducement and assurance of the accused, the applicant deposited Rs. 3, 50, 000 for booking the flat with the accused persons.
7. THAT when the applicant enquired about / regarding development of the construction of the flat then the applicant came to know that the accused have not purchased the land for construction of flat. No license was issued by the appropriate authority and no map has been sanctioned by the appropriate authority for construction of the flat.
8. THAT after knowing the above said facts, the applicant requested the accused vide letter dated 13th August to refund the amount paid by the applicant to the accused. The accused did not refund any amount to the applicant and now they stopped responding the demand and request of the applicant. It shows that the intention of the accused was bad from the very beginning.
9. THAT in this way, the accused fraudulently and dishonestly induced the applicant to deliver the amount of Rs. 3, 50, 000 to the accused at the time of booking the flat intentionally and knowingly, thereby, committed an offence punishable U/s 420 IPC.
10. THAT the accused persons have also committed an offence punishable U/s 406 IPC by misappropriating the applicant’s amount of Rs. 8, 50, 000 knowingly and intentionally and committed breach of trust.
11. THAT the accused have also committed an offence punishable U/s. 10 of the Haryana Development and Regulations of Urban Area Act, 1975 knowingly and intentionally by advertising, booking and receiving the amount from the applicant knowingly that they have not purchased the land to construct the flat and also that no license has been issued to them by the appropriate authority.
12. Applicant has also received information from DTCP (E) Faridabd under RTI ACT 2005 that accused has committed an offence under section 7 (i) of the, ” The Haryana Development and Regulations of Urban Act 1975” and DTCP has also filled an FIR against accused at Police Station. Sector-7. Faridabad vide FIR NO 87 Dated 28.02.2007
It is, therefore, prayed that an FIR may kindly be lodged against the accused persons and action may kindly be taken against them.
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