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A Delhi court has initiated legal proceedings against a builder, directing the Delhi Police to register an FIR for alleged fraud and breach of trust. The builder is accused of swindling a man out of Rs 1.3 crore under the guise of selling him a property in Bara Hindu Rao between August 2019 and July 2021.
The police, in response to the court's directive, have lodged the FIR under sections 420 (cheating and dishonestly inducing delivery of property), 406 (punishment for criminal breach of trust), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Masud Alam, the complainant, claims that he was coerced by the two accused, Mohammad Gulfam Qureshi and Anshul Goel, into making the payments. They allegedly threatened to confiscate his advance payment of Rs 10 lakh if he did not comply. According to Alam, Qureshi portrayed himself as a reputable figure in the construction industry, promising to develop the property, including its third floor, with all necessary amenities in a timely fashion.
Trusting Qureshi's words, Alam agreed to buy the third floor for Rs 1.3 crore and paid an advance of Rs 10 lakh in August 2019. However, Qureshi continually postponed the construction, citing various reasons, while simultaneously pressuring Alam to continue with the payments. He even threatened to terminate the sales agreement and retain the money already paid.
The situation took a turn for the worse in September 2021. Upon visiting the property, Alam was dismayed to discover that it had been sealed by the MCD. The accused informed him that the sealing was due to pending property tax dues but assured him that the issue would be resolved promptly. Despite Alam's repeated pleas, the accused neither managed to have the property unsealed nor completed the remaining construction work.
In conclusion, this case underscores the importance of due diligence in property transactions. A lack of awareness among the buyers regarding the various provisions under RERA Act and other laws leaves them highly susceptible to such frauds. As the legal proceedings unfold, it serves as a stark reminder of the potential pitfalls buyers may face and the need for transparency, accountability and awareness creation in the real estate sector.
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