Reported By: Manoharan N

Contact information:
Dwarka Heights Co-operative Housing Society Dwarka, New Delhi

1. We are filing the present complaint as being aggrieved of various offences committed by the Accused persons upon us whereby, they have fraudulently induced us believe in the (false) representation made by them as to development of Apartment in the name and style of “Dwarka Heights Co-operative Housing Society” and thereby made the complainants to deposit amounts as under, with the Accused No. 1 Society on a false pretext of offering the sale of apartment that the Accused proposed to develop:-
(a) Mrs Sheela Manoharan & Mr Manoharan Nangyath – Rs12,37,105.00
(b) Mr Saibu Yasodaran & Soja R.S. – Rs 6,74,325.00
(c) Mrs Sandhya Gopakumar & Mr Gopakumaran Nair – Rs 5,35,175.00
(d) Mr Vijo C Varghese & Tintu Vijo – Rs 3,35,175.00
2. The brief facts:-
(a) That the complainants are serving / retired Army personals and they are currently residing in the address mentioned above.

(b) That, in or around August, 2018, the Accused Society through its agents/sales representatives Mr. Udhistir Nainiwal (Accused No. 11) approached us and introduced the Society as one constituted for the purpose of construction of the Apartments for Central Government Employees and Army personals. He being the Agent of the Society made us to believe that the Accused persons have formed and registered a Society in the name and style of Dwarka Heights Co-Operative Housing Society Ltd., for the purpose of construction of the Apartments at Dwarka, New Delhi under the Project of Delhi, NCR, L- Zone, exclusively for Central Government and Defence Personnel. Mr. Udhistir Nainiwal also informed us that the Plot was already allotted by Delhi Development Authority to the Society and even taken us to the site (Chhawla-Dwarka Road, Dwarka Phase-2, Delhi-110071) and shown the Plot where the apartments would be constructed.

(c) Mr. Udhistir Nainiwal made us to believe that the works were in progress and that the possession of the Unit shall be handed over to our Clients within Three years from the date of booking.

(d) That by solely relying on his representations made on behalf of other Accused and after having visited the Society’s office and met the other officials therein, our Clients had agreed to jointly purchase one Unit in the Project and being part of sale consideration, an advance payment of Rs. 51,000/- was paid to the Society. The same was duly acknowledged and money therein had realized and appropriated towards the part of the sale consideration.

(f) As directed by the Accused persons, Complainants had also taken Shares and membership of the Society. In connection with the aforesaid transaction I had met Accused Nos. 11, Mr. Udhistir Nainiwal, Mob.No. 7838415653, 7678151581. He came to our house in the month of August and told us that you would get an affordable and luxurious home in the upcoming L-Zone of Dwarka, NCR, Delhi with a built up area of 875 square feet for two BHK and 475 square feet for one BHK along with open space and all amenities in a gated community in the year 2021. So we visited the L-Zone which is near to the Shockeen International School with Udhistir Nainiwal, where he showed a flex board of Dwarka Heights on an agricultural land and told me that the building would be constructed where the flex board was fixed. Thereafter, at their office they all gave the same (false) assurances including that of timely delivery of flat, besides the above, I was also met by Accused No. 12 Mr. Vinay Raj Mob. No. 8076127927 and Mr. Romil Kumar Singh, Mob No 9999022959, who reiterated the representations made by Mr. Udhistir Nainiwal.

(g) Pursuant to this, we have been making all the requisite payments as per the demands made by Accused No.1. Accordingly, till March, 2020 a total amount of Rs 27,81,780.00 (total amount of all complainants) has been paid by us to the accused persons/Society. The details are attached as Annexure to this letter.

(h) However, lately, though we tried to make communications with the accused persons through phone, emails and in person, for our utter disappointment and dismay, none of them could give any satisfactory response to us and all such bonafide and genuine queries were dealt in a highly arbitrary, unprofessional and highhanded manner.

(i) Further our further enquiry revealed that the accused are not at all reliable and in fact they have been cheating us. As it appears, when they made us to purchase the Unit by making representations, which later turned out to be mere false representations and also at all time when they were demanding and appropriating money from us, they never had an intention to complete the Project and hand over the Unit to us.

(j) Apparently, the accused have constituted the Society with a preconceived and oblique motive to commit fraud on innocent public/prospective buyers and we have been one of the many victims. The accused persons have committed breach of trust, cheating etc. on us and the Society and also all members thereof. The conduct of the Society, Directors, Agents and other officers who are/were responsible for affairs of the society demonstrate a rank case of dishonesty, fraud, criminal conspiracy, criminal breach of trust and cheating punishable under Section 495, 415/417, 418 read with Section 34 or Section 120A/120B of the Indian Penal Code, 1860, amongst others.

3. Further, as we learnt, the Accused Persons have committed the same offence against several other individuals.

4. Details of some of such victims who are known to the complainants herein are given hereunder for enabling your goodself to carry out a comprehensive investigation, if so desired.
5. In view of the above, you are requested to register the criminal case against said accused and take appropriate action in accordance with law for redressing our grievance and punishing the Accused Persons and any other persons who are liable for criminal conspiracy, breach of trust, cheating etc. committed upon us/complainants.

6. Further, we also state that we shall be willing and ready to give any required assistance or tender any documents that are in our custody for any such investigation that you may initiate in this regard.
Yours truly,

1. Mr.Manoharan Nangyath 2. Mr. Saibu Yasodaran
& Mrs. Sheela Manoharan & Mrs. Soja R. S

3. Mr Gopakumaran Nair 4. Mr. Vijo C Varghese
& Mrs. Sandhya Gopan & Mrs Tintu Vijo

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