Builders accused of selling flats twice, HC orders FIR

  





SOURCE :TNN, Aug 1, 2010,

CHENNAI: The Madras high court has directed the Rajamangalam police in the city to register criminal cases against three persons who had developed a housing project but allegedly sold the flats twice by creating false documents.



Justice CT Selvam, allowing the criminal original petitions of P Srinivasulu of Sowcarpet and B Balaji of Villivakkam, asked the inspector of Rajamangalam to register an FIR against A Ramesh, who claimed to be working in the commercial tax department, his wife Hamsalatha and land owner Ekambaram of Villivakkam.



"The petitioner has sought a direction to the inspector to register FIR on the complaint dated July 1, 2010 lodged by him. A perusal of the petition and on hearing the submissions of the government advocate, this court considers it fit to direct the inspector to register a case, investigate and act in accordance with law," the judge said.



Earlier, S Prabakaran, counsel for the buyers, submitted that Srinivasulu first paid Rs 3.2 lakh towards the undivided share of land, and then paid another Rs 15.5 lakh on various dates for construction of the flat. Ramesh and Hamsalatha, claiming to possess the power of attorney of Ekambaram, executed the sale deed and agreed to deliver the fully furnished flat in a month.



Similarly, the couple had collected Rs 3.2 lakh from Balaji for the undivided share of land, and then another Rs 12 lakh for the flat. Both Srinivasulu and Balaji had raised housing loans from banks.



The flats are is not ready as yet, as they were yet to be provided electricity and water connection, sump, water tank, drainage, compound wall, gate and other essential amenities. While so, in September 2009, an official from Dena Bank pasted a possession notice on the apartment complex, revealing the fact that the property had already been sold to one Sekar and Vijayalakshmi.



The petitioners rushed to the Debts Recovery Tribunal and obtained stay restraining the bank from dispossessing them. Later, when they lodged a complaint with the jurisdictional deputy commissioner of police, it was forwarded to Rajamangalam police station, which refused to register FIR, on the ground that it was civil dispute.



Prabakaran submitted that besides cheating the prospective buyers of the flats and committing breach of trust, the builders had abused and threatened the buyers.