New Delhi : The Rohini District Court, while disposing of a revision petition, recently directed Delhi police to lodge an FIR against Parsvanath Developers. This direction was given in a matter related to the developers' alleged 17-year delay in building a shop in a Mall in Rohini Sector 10, despite receiving a payment of Rs 33.5 lakh from the complainant.
Additional Sessions Judge (ASJ) Dhirendra Rana allowed the revision petition and set aside the order passed by the Magistrate, who had refused to give direction to an FIR. While allowing the revision, ASJ Dhirendra Rana said, "In the present case, this Court is of the considered view that accused persons had dishonest intention since the beginning and they had no intention to construct and deliver the property in question to the complainant."
The court said that it is also a matter of record that accused persons tried to delay the proceedings before this court, also under the garb of settling the matter with the complainant. They handed over cheques to the complainant towards settlement, which have also been reported to be dishonoured.
"Therefore, considering the facts and circumstances of this case, I am not in agreement with the view of the learned Trial court that no police investigation is required in this case," ASJ Rana said.
Judge Rana said that, in the considered view of this court, it is a fit case to exercise discretion in favour of the complainant by ordering the police to register an FIR under relevant Sections of law and to take up the investigation without any further delay.
"Therefore, order of 02.01.2024 is hereby set aside and SHO PS Prashant Vihar is directed to register an FIR against the accused persons against the relevant Section of law as per the contents of the complaint," ASJ Rana ordered on May 24.
He has directed the police to file a compliance report and a copy of the FIR before the Magistrate court within two weeks of today. Complainant Amrit Pal Singh Malhotra had booked a shop in the mall in 2007. He had made a payment of Rs 33.50 lakh. Despite a long delay the shop was not constructed.
He had filed a complaint against the developers and their directors. However, the magistrate court had refused to register an FIR. In 2024, he moved to sessions court challenging the order of Magistrate court.
In January 2007, the accused advertised their upcoming project, Parsvnath Mall Twin District Centre, Sector-10, Rohini, Delhi.
When the accused persons received the full basic price of Rs. 33,50,904, they started avoiding the complainant's calls. The complainant also visited the site to see the progress of construction and found that the said project was at a complete halt, the judgment reads.
The complainant filed a complaint in this regard on 29.03.2023 to SHO PS Prashant Vihar and forwarded the same to DCP Rohini. Since no action was taken by the police against the accused persons, the complainant filed an application under section 156 (3) Cr. PC for registration of FIR.