New Delhi: The Delhi Economic Offences Wing (EOW) has registered an FIR against MVL Limited under Sections 406/420/120B of Indian Penal Code on the allegation of cheating, dishonestly inducing delivery of property and criminal breach of trust after conducting preliminary enquiry on a specific complaint lodged by a buyer (couple) of an apartment in the INDIHOMES project at Bhiwadi in Rajasthan.
The complainant couple, have alleged that at the time of booking they were told that the company (MVL Limited) will deliver the flat within 3 years from the date of signing of the agreement and according to the payment plan they have paid total amount to the accused company till 2013 but the accused had not handed over physical possession of their flat till now.
Instead of giving possession, the accused company sent them the offer letter for possession (24.07.2017) even when the project was incomplete and not in a habitable condition.
The Booking of property (committed Unit No B-1002 and size of area booked was 834 sq feet) in INDIHOMES at Bhiwadi was made by the complainant on 12 December 2009 and the MoU for this was signed on 16 January 2010. As per the payment terms, it was a construction linked plan for a total payment of Rs. 10,36,015.
The complaint lodged with the Delhi EOW underscores that MVL Limited, through their advertisement, pamphlet, agent and other means had advertised their project in Gurgaon/Bhiwadi for booking of Residential Flats starting from BSP Rs. 9 99,0001- all-inclusive (free parking, free power backup, maintenance charges for 12 months, Maintenance sinking funds and Meter charges for general public in their upcoming project “INDIHOMES” Bhiwadi Rajasthan) and the company had also stated that possession would be offered within 24 months.
It has been pointed out by the complainant a total amount of Rs. 10,36,015 has been paid by them to the accused company and the booking form and agreement also has been signed and the accused company allotted them Flat no. D- 1902 measuring 834 sq. ft.
Further, it is alleged by the complainant that the accused company did not have approval for G+20 floor but took booking from buyers for G+20 floor and after some time on 1 November 2011, the company reduced floor to G+11 from G+20 and changed floor number and flat number of all the allottees and issued them (complainant)revised flat number B-1002 on the 10th floor without taking their consent.
The complainant have said that according to the sale agreement, physical possession of the unit was to be delivered within three years from the date of execution of the agreement but the accused company did not honor the clause of agreement and did not complete the project even after expiry of deadline and they offered possession after 7 years without completing the project.
In their complaint, the complainant have informed the EOW that they had sent many letters and emails to MVL Limited asking either to provide physical possession of their allotted flat in habitable condition or refund the paid amount along with interest but the company chose not to reply to any letter.
The EOW has registered the FIR in this case after conducting an enquiry and receiving similar complaints with similar allegations from 39 others.