I, Anil Kant, S/o Sh. Ram Nath, R/o H. No. 400, Sector-16A, Faridabad, Haryana request your goodself to kindly investigate and register an FIR against the aforesaid persons besides others involved in a greater conspiracy to cheat and defraud the complainant along with hundreds of other investors, who had invested the money in the project of the aforesaid persons being induced by false and frivolous assurances and promises in order to lure the gullible, innocent and bonafide investors like the complainant:
1. That you the M/s PAL Infrastructure & Developers Pvt. Ltd. is a Private Limited Company duly registered and incorporated under the Companies Act, 1956 and is a separate legal entity (hereinafter called the company) and Manav Chandra and Rajesh Kumar are its Directors who are responsible for the conduct and day to day affairs and are privy and aware of the transaction entered into between the complainant the company. They in collusion and connivance with the other persons named in the aforesaid complaint hatched a greater conspiracy to dupe and defraud the public at large of their hard earned money with dishonest and malafide intentions.
2. That in the year the company widely published and advertised your scheme for allotment of residential plots/flats in a new project at Neemrana, Rajasthan, whereby they lured the public at large to provide them luxurious and the state of the art facilities in the said township proposed to be developed by the company. Mr. Harmeek Singh, being a broker/property dealer, approached the complainant and boasted of the financial competence and sound investment returns of the projects of the company The aforesaid persons boasted of reasonable prices of the flats/plots in the well developed and planned area in the Vicinity of the National Highway-8 and promised all necessary facilities and infrastructure in the said project as advertised through their advertisements and brochures.
3. That the aforesaid persons boasted of such good infrastructure and claimed to be a renowned developer and/or infrastructure company undertaking several large projects of prominence in several cities and/or states. The aforesaid persons as such lured and trapped the public into believing the sustainability, viability and bonafides of the said project being launched by them.
4. That the complainant was also induced and/or lured into believing the financial competence and soundness of the project being influenced by the tall claims made by aforesaid persons.
5. That complainant bonafidely believed that the project having been initiated by such a large group and a renowned developer, as claimed, would sustain itself and/or the money so invested shall remain secure and safe. Complainant as such visited the registered office of the company, whereby the representatives, employees, Harmeek Singh and the Directors of the company, showed such misleading and exaggerated documents, brochures and handouts to complainant which promised state of the art, modern, luxurious and out of the world treatment to the investors. The aforesaid persons also promised that the investment made in their project makes financial sense and promised and assured that the plots/flats booked in their project/township shall reap such dividend and profits, which are unimaginable resulting in good profits to the investors. The complainant was lured into believing the promises and assurances of aforesaid persons. The aforesaid persons assured complainant that their project is approved from several financial institutions and banks and that they shall get the plots/flats booked by complainant financed from said financial institutions. The complainant was apprehensive of booking the plot in the projects, however after a lot of cajoling from aforesaid persons, he was induced into booking one plot in their project.
6. That the complainant was lured into believing the promises and assurances of the aforesaid persons and accordingly was lured into booking one plot of land admeasuring 160 sq. yds @ Rs. 3, 087.50 p. per sq. yds. and was asked to pay a sum of Rs. 1, 35, 000/- as booking amount and was promised that the said amount is an interest bearing amount and that if aforesaid persons offer the provisional allotment of the unit/plot to complainant after 12 months of booking, they shall pay simple interest @ 8 % per annum to complainant upto the date of allotment. It was further promised that, in case aforesaid persons are not in a position to offer provisional allotment of unit within a period of 15 months from the date of registration, on the request of complainant, aforesaid persons shall refund the amount deposited along with interest @ 8 % per annum from the date of payment.
7. That the complainant paid the said amount of Rs. 1, 35, 000/- for booking of a plot admeasuring 160 sq. yds. in the township of aforesaid persons at Neemrana, Rajasthan by way of cheque bearing no. 772160 dated 08.07.2006 drawn on Canara Bank and the company as a token of receipt of the said amount towards booking of plot of land admeasuring 160 sq. yds at Neemrana, issued a receipt no. B115, bearing ref. no. NMP/PROP DISC/0706/251118281222, dated 05.08.2006 to the complainant.
8. That since then the ordeal of complainant started as aforesaid persons turned turtle and changed colors and all the promises and assurances made by aforesaid persons fell flat and they failed to honour the assurances and promises made at the time of booking of the said plot of land. Since where after, more than 3 years have expired but there seems no headway from the aforesaid persons to hand over the vacant and peaceful possession of the plot of land to complainant.
9. That the complainant has been made to run from pillar to post and to make numerous visits to the office of aforesaid persons to get what was promised. However, when it seemed distant dream, complainant’s dreams turned sour and he could realize that the only intention of aforesaid persons was to cheat and dupe the investors of their hard earned money and in the process collect money and use the same for their wrongful gains and benefits.
10. That complainant several times asked aforesaid persons the status of the project and as to when the possession of the plot is to be handed over to complainant after development. However, aforesaid persons never bothered to give proper reply to complainant’s queries and gave false assurances and promises of the development of the project taking place and Sh. Manpreet Anand vide letter dated 18.04. in order to extract more money from complainant, falsely stated that various approvals/sanctions required to set up a township have been received from the respective government. Vide said letter, he demanded Rs. 1, 00, 000/- (Rupees One Lakh) from complainant so as to avail priority number. It was stated that the priority number shall be the sole factor for provisional allotment in the town ship. The complainant bonafidely believing the false assurances and promises further paid a sum of Rs. 1, 00, 000/- (Rupees One Lakh) to the company vide cheque bearing no. 788230 dated 24.07.2008. However even after the said payment, there seemed no headway in the project and there had been no communication from the company. The complainant kept on enquiring and requesting the company and the aforesaid persons regarding the progress of the township project, however, they dilly dallied giving any response.
11. That after repeated telephonic conversation in the office of the company, Dr. L. Kumar stated that the licence required to set up a township/project has till date not been received from the government and that is the reason that no development has taken place in the said project. Complainant was surprised and perplexed to hear for the first time such a startling revelation as it had been more than 3 years since the registration of booking in the project of the company and despite several assurances and promises regarding the progress of the project, the project has not even received the licence to develop a township. The complainant as such vide his letter dated 14.12. surrendered his provisional allotment/priority number of the said plot and requested to refund the deposits of complainant, without further delay.
12. That, however despite the surrender of the provisional allotment of the plot by complainant vide his said letter, till date the amount of Rs. 2, 35, 000/- deposited against the said provisional allotment/priority number has not been refunded to complainant. The aforesaid persons have been dilly-dallying the refund of complainant’s deposit on one pretext or the other apparently with dishonest and malafide intentions.
13. That it appears that aforesaid persons only with dishonest and malafide intentions to cheat complainant knowing fully well that the said township/project cannot be developed due to some inherent defects/technicalities, launched the said project to extract money from public at large, giving false inducements, promises and assurances, hence liable for criminal prosecution. The malafide and dishonesty has been apparent as till date no sanction/approval and/or licence required for development of township has been received from the government despite the lapse of more than 3 years. On the contrary, false and frivolous assurances were extended to complainant regarding progress of the project.
14. That the aforesaid persons have cheated public at large in the same modus operandi. The aforesaid persons are involved in a greater conspiracy to cheat and defraud the complainant along with hundreds of other investors, who had invested the money in the project of the aforesaid persons being induced by false and frivolous assurances and promises in order to lure the gullible, innocent and bonafide investors like the complainant. The public is trapped in the game plan of the aforesaid persons, wherein these persons having no intentions to develop the projects collected large amounts of money on false pretexts and assurances and are now avoiding repayments and are in the process of running away with the public money amounting to several crores. The complainant has records of numerous cases pending against the aforesaid company in various courts in Delhi and NCR and as such it is apparent that it is not only the complainant who is suffering at the hands of the aforesaid persons but hundreds of other investors.
15. That in this way, the aforesaid persons fraudulently and dishonestly induced the complainant to pay the amount of Rs. 2, 35, 000 to the them for the booking of plot at Neemrana wherein infact, they had neither the land nor any sanction and approval with malafide intention and knowingly, thereby, committed an offence punishable U/s 420 IPC.
16. That the aforesaid persons have also committed an offence punishable U/s 406 IPC by misappropriating the complainant’s amount of Rs. 2, 35, 000 knowingly and intentionally and committed breach of trust.
17. That the aforesaid persons 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.
18. That the complainant has come to know that the aforesaid persons have 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 them at Police Station. Sector-7. Faridabad vide FIR NO 87 Dated 28.02.2007
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