The Punjab and Haryana High Court on Saturday dismissed builder Ashok Mahendroos petition seeking quashing of an FIR registered against him by the Gurgaon Police for allegedly duping several people by promising them flats in Mumbai.
Mahendroos company Ozo Media Estate Ltd had allegedly sold buyers space on 25 floors in a building in Andheri West in Mumbai. In 2007,some of those who booked the flats,on making enquiries with the Brihanmumbai Municipal Corporation (BMC),came to know that the company had submitted building plans for only two floors to the BMC in 2006 and registered a complaint.
On Friday,Justice Daya Chaudhary dismissed the petition filed by Mahendroo and 16 others and slapped a penalty of Rs 10,000 on each.
Since April 2006,the company had allegedly sold space on 25 floors of the said project. The builders had permission for only two floors,but they sold flats on 25 floors. This shows their intention to cheat, reads the FIR registered at the Gurgaon police station.
Opposing the petition to quash the FIR,complainants counsel Narender Sura said Mahendroo,a Gurgaon-based builder,and his associates had duped several people of over Rs 1,500 crore.
Mahendroo had floated Ozo Private Limited in January 2006 claiming it was a collaboration with M/s Champak Textiles Private Limited,which owns 2,128 sq m in Andheri West. Mahendroo allegedly claimed that a 25-storey tower would be constructed there. The flats were sold at rates ranging from Rs15 lakh to Rs 40 lakh. The builder had allegedly claimed that the flats would be constructed in two years and buyers had continued paying installments after booking the flats.
In early 2007,some of those who booked the flats suspected something fishy. They approached the BMC and found that the builder had sought permission for only two floors. They filed a criminal case against the builder. Soon,several cases of similar nature were filed against the builder in Delhi and Gurgaon police stations.
Challenging the FIR,Mahendroo and the others had moved the high court.