IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

________________, DELHI
Criminal Complaint No. _______ of 2019

IN THE MATTER OF:

1. AFROZ MUSTAQEEM

R/o R-52, A-1, SIR SAYED APARTMENTS,

JOGABAI EXTENSION,
JAMIA NAGAR, OKHLA,
NEW DELHI ….COMPLAINANT

VERSUS

1. State
Through
The Station House Officer,
Police station Economic Offences Wing,
Mandir Marg, New Delhi-110001

2. Heera Group of Companies,

Hyderabad

3. NOWHERA SHEIKH ….ACCUSED

P.S. ECONOMIC OFFENCES WING

U/s. 403, 406, 417, 420, 423, 424, 465,
467, 468, 471, 506 and 120B of IPC

Application Under Section 156(3) Read with section 200 of

Criminal Procedure Code 1973 for issuing of appropriate
instructions and directions for issuance of appropriate
directions/orders for registration of FIR against the Accused
No. 3 to 7 U/s 406, 415,420,467 and 468, 120-B of IPC.

MOST RESPECTFULLY SHOWETH:

1) That vide present application, the Complainant is seeking

directions/orders to the Accused No. 1 for registration of FIR u/s

406, 415, 420, 467 and 468, 120-B of IPC against the Accused

Nos. 2 to 17 on the Complaint dated 05.12.2018 filed by the

Complainant herein, as despite of the fact that the complaint

dated 05.12.2018 discloses commission of cognizable offences,

the Respondent Nos. 1 have not registered the FIR so far.

2) That the Complaint dated 05.12.2018 was filed with the Accused

No.1, being the SHO of the Police Station Economic Office Wing,

Mandir Marg in whose jurisdiction the offence was committed. On

receiving Complaint dated 05.12.2018 the matter was also

investigated and the Complainant also joined the investigation,

05.12.2018 has disclosed the commission of cognizable offence.

3) That the brief facts necessary for adjudication of present case are
as follows:

A. That the complainants are the buyers of the residential units in

the accused person’s project ‘Lotus Panache’ situated at
 Sector-110, Noida, Uttar Pradesh. The accused persons had
entered into a builder-buyer agreement with the complainants
with the promise to deliver fully constructed residential units
with world class amenities at their above captioned project, but
the same was not fulfilled by the accused persons.

B. It is further stated that, the complainants are law abiding

citizens and enjoy a very good reputation in the society. The
complainants are compelled and constrained to file the
present criminal complaint against the accused i.e.
Promotors/Directors (Nirmal Singh, Vidur Bharadwaj, Surpreet
Singh Suri, Harkaran Singh Uppal, Granite Gate Properties
Private Limited, Brijesh Bhanote, Nishant Sharma, Deepak
Khurana, Yogesh Sharma, Vikas Anand, Harmeet Singh
Oberoi, Anand Ram, Bhupendra Singh, Saran Kumar, Rajeev
Baisoya) of “The 3C Company” having its registered office at
C-23, Greater Kailash Enclave, Part -1, NEW DELHI- 110048
& corporate office at Tech Boulevard, Central Block, Plot No.6,
Sector-127, Noida, Uttar Pradesh- 201301 on account of the
fact that the accused has committed the aforesaid criminal
offences in the nature of Forgery, Criminal Misappropriation of
Funds, Fraud, and Cheating the public at large and
dishonestly taking away large amounts of money through
inducing the public to book properties in their project namely
‘Lotus Panache’.

C. The Complainants came to the knowledge of the fact that the

accused persons did not have the intention of fulfilling their
 obligation to the builder-buyer agreement as the accused
persons have siphoned off the money of the complainants
which they had originally collected for the purpose of building
the residential units and transferring the same to the
complainants. The accused persons committed fraud and
embezzled the hard earned money of the complainants and
rendered them without any returns.

D. The accused persons had approached the public sometime

around the year 2009-10 under the banner of their company
‘M/s Granite Gate Properties Pvt. Ltd.’ with a project under the
name and style ‘Lotus Panache’. Widespread publicity was
made throughout the country as well as in certain foreign
countries inviting the public at large to book there residential
units in the said project. It is stated that, the accused persons
in the publicity campaign announced that they would be giving
world class amenities in this at this project which induced the
complainant to invest in the said project. These said
immensities included various facilities for a luxurious lifestyle
some of which were five classes of swimming pools (indoor
heated pool, outdoor pool, kids pool, wave pool and satellite
phones with gymnasiums), Green Belt, lawn tennis courts,
outdoor badminton courts, table tennis courts, multi-utility
sports hall, volleyball court basketball court, kids play area,
Cricket Academy, snooker room, summing, gym, TT, AV
room, sport arena, card room, sauna & mean, squash, library,
swimming training & guest entrance gym personal training
service, sport training camps, aerobics & yoga camps,
 Restaurants & café, banquets & events. These place facilities
were towards the sports chapter. In order to allure, the
complainant, the accused persons also made the deceptive
Promises of providing the medical facilities, yoga and
meditation rooms, aerobic rooms, jogging track and beauty
salon. The deceptive intention was carried forward by the
accused persons with the promises of providing the arts and
music room, dance classes, crutch indoor heated pool and net
zero geothermal energy, Pre-Nursery School.

E. In wake of inducing the complainants, the accused persons

further allured the complainants for providing the guest house,
Business Centre, Library, Party Lawns, Cards room, Bar,
Banquet Hall, Multi-Specialty Restaurant, Multi-Cuisine Food
Court. The accused persons from the very beginning had no
intention of providing even the basic residential facilities rest
alone the above mentioned facilities. The complainants are
annexing the brochure issued by the accused persons under
the banners of their company M/s Granite Gate Properties
Private Limited for your perusal. A bare glance of the brochure
would reflect that these facilities were very well advertised and
assured, however the accused never had the intended to
provide anything, and the accused persons only had the mala
fide intention of misappropriating such large amounts of
money through these deceptive advertisements.

F. Subsequently the complainant believed in the terms of the

advertisement allured and deceived by the illegal mala fide
intention of the accused persons in order to make wrongful
gain and cause wrongful loss to the complainants by
breaching the trust, and subscribed to the scheme of the
accused person. Further, the complainant deposited the initial
sum of money as demanded by the accused persons to the
tune of Rs.5,00,000/- dt. 13-July-2011 by (Ashmeet Singh
Bhatia, Flat No.2502, Tower-19), The 1st complainant,
Rs.3,39,000/- dt. 08-July-2010 by (Gurpreet Singh Bhatia, Flat
No.1806, Tower-21), The 2nd complainant, Rs.3,39,000/- dt.
08-July-2010 by (Sandeep Singh Bhatia, Flat No.1805, Tower-
21), The 3rd complainant & Rs.4,26,258/- dt.15-June-2010 by
(Manvir Singh Ahluwalia/ Harneet Ahluwalia, Flat No.1306,
Tower-10), The 4th complainant and thereafter a builder-buyer
agreement was arrived between the complainant and the
accused person, whereby the accused person agreed to
provide the residential unit as earmarked in the respective
builder-buyer agreement to the complainants. Complainant 1,
2 & 3 have already paid (Rs.41,30,945/- by 1st complainant),
(Rs.36,12,426/- by 2nd complainant), (Rs.36,14,965/- by 3rd
complainant) as per demand of the builder by 2013-14 but till
date Flats have not been delivered. The 4th Complainant has
paid the full amount of Rs.54,74,542.90 and has got the
possession of his flat without the amenities as promised by
the accused persons and as mentioned in the brochure
attached and in para 4, 5 & 11. Large numbers of
complainants are providing a data of the money given by them
to the accused persons in a separate attachment which is
enclosed with this complaint for your perusal.
G. That even after 36 months from the date of the initial
agreement, after which the residential units should have been
completed in all aspects with the desired and promised
facilities were not even on the verge of completion. The
accused person was still misleading the complainants
regarding the progress of the work and the exact date of
transferring possession of the residential units with the
promised facilities. Simultaneously, the complainants who had
taken a home loan from various financial institutions were
making payments of the installments regularly which in turn
pressurized the accused persons to handover the residential
units. The accused persons never had the intention to provide
the residential unit however due to the pressure from various
corners i.e. the Government of Uttar Pradesh as well as the
hon'ble Supreme Court while dealing the case of the Jaypee
and Amrapali, handed over the residential units but the same
were without any of the basic amenities rest alone the
promised and advertised facilities.

H. That the Complainants on the scrutiny of documents of the

Company have found various irregularities and suspicious
movement of funds through the Companies, all directed to
benefit kith and kin of the Accused persons. Following
observations are presented in that regard:-

I. In F/Y 2008-09, Company had received a loan in form of

FCCD (Rate of Interest) Rs. 131.45 Cr. convertible after 3
 years From Twilzon Limited, Cyprus (a shareholder only 10
shares of class B equity share). It is controlling unit of Horizon
crest India Real estate, Mauritius (a share holder of class B
equity share holding 39% holding). Further the company had
issued 5,00,000 optionally Convertible Preference Shares
(OCPS) of Rs. 100/- each carry divided of just 0.01% or such
rate as decided by the board of directors unanimously to
Three C universal developers Pvt. Ltd.

J. In year 2009-10, Company received a loan in form of FCCD of

Rs. 112.79 Cr. Convertible after 15 years From Twilzon
Limited, Cyprus (a shareholder holding only 10 shares of class
B equity share). It is controlling unit of Horizon crest India Real
estate, Mauritius (a share holder of class B equity share
holding 39% holding.) In year 2011-12, Company received a
loan in form of FCCD of Rs. 79.68 Cr. Totalling to 323.92 Cr.
Convertible after 15 years From Twilzon Limited, Cyprus (a
shareholder holding only 10 shares of class B equity share).

i. On share analysis of various financial statements

available on public platform of most of the group
companies and LLP shows a specific pattern. This
pattern shows that the promoters which include Har
Karan Singh Uppal, Nirmal Singh, Sureena Uppal,
Vidhu Bhardwaj and Surpreet Singh Suri have
invested just few lacs of rupees as share capital and
managing the companies having transactions and
public stakes of more than 5000 crore of rupees.
Specifically Mr. Har Karan Singh Uppal who does not
have enough qualification or financial strength is
managing empire of more than 4000 crore of
companies with the financial investment of just Rs. 1
Lac in Lotus green LLP. If all they worked in
legitimate manner they would have earned billions of
rupee in white money. But they did not wanted to
work in such legitimate manner. In fact they worked
with bad intention to earn billions of rupee in form of
black money through their various financial Ponzi like
schemes managed in clandestine way and dubious
arrangement. The owners of these companies or
planners of these frauds, they managed to limit their
financial legal liability to just few lacs rupees as
share capital and appoint their own financially weak
friends or employees to avoid strict government
penal action on them in case they get caught for
financial frauds. In the current case, the company is
handling multi-billion projects of housing and it’s very
strange that they did not have more than 9
Employees during the year. The company has given
the entire construction work to one of its related party
3C Universal developers private limited, which is an
internal arrangement and is very handy to make any
sort of financial adjustments in terms of profit / loss.
This financial is done to make fool of public and
surpassing the critical eye of investigating
government agencies. Through this well drafted
scheme, one company collects money from various
large section of public in form of advance against flat
booking and gives advance or loans to various in-
house companies as commercial advances. They in
turn book various dummy purchase bills, extra labour
bills and various other dummy expenditure to claim
so much high cost of construction of flat which is
very much higher than cost of constructions of similar
flats of other real estate developers. The owners are
able to distort the financial position of the company
and they have various means to defraud the
exchequer and investors and public at large who
have invested their hard earned lifelong saving
money to get its own roof with all features as
committed by builder in offer letter. The owners used
various methods to show profits if they want to
collect money from financial institution and public.
And on the contrary they declare losses to defraud
these small scattered investors using various
dubious methods. The actual financial position is not
shown in available financial statements on public
platform and these transactions are so much well
drafted that even the auditors are unable to detect
these type of financial public fraud, which we have
seen in many other similar financial frauds which
have happened and which are later detected and
found by various investigating agencies in recent
past in the country. This is evident from the pattern
 of profit/loss in various financial Years i.e. 2 years
losses than 2 years profit then again losses. The
company had suffered losses mainly due extending
interest free loans to its related parties.
ii. As per Audit report for the financial year 2012-13.
The Company has granted unsecured loans of Rs.
159.84 Cr to three related parties during the year
2012-13. At the year-end, the outstanding balances
of such loans granted aggregated to Rs. 1,33.14 Cr.
(three related parties) and the maximum amount
involved during the year was Rs. 147.14 Cr. (three
related parties). The aforesaid loans are interest free,
which in the auditor’s opinion is prejudicial to the
interest of the company. Further auditor had
commented in his report that the Company has not
called repayment of the loans. The above details
further strengthen the doubt of money laundering.

K. The accused persons transferred the possession of the

residential units to 4th complainant during the year 2014 and at
the same time the complainant entered into an agreement for
the payment of maintenance to the accused persons. The
complainant paid an amount of money Rs.85,950/- for the
purpose of the maintenance (IFMS) & Rs.1,40,450/- for Club
membership for his flat. The amount of the maintenance
which varies from each residential unit to unit is @ Rs.1.95/-
per square feet per month. Calculated by this rate 4th
complainant has been paying an amount of Rs.8,500/- to
 Rs.11,000/- (Approx.) per month as would be reflected by the
annexure attached.

L. The complainants are at pains to inform that accused persons

have been collecting this money but not maintaining the
society as per terms and conditions of the agreement of
maintenance and have deprived the complainants from the
basic necessity of energy and water in the residential units.
Therefore, the funds thus collected from the 4th complainant
are again misappropriated by the accused persons in order to
make wrongful gains. The maintenance collected by the
accused persons for the purpose of providing a running water
supply & electricity to the residential unit of the 4th complainant
and others. That the aforesaid sum of money was to be paid
towards the Bill of water supply to the Noida Authority &
Electricity Bill to the concerned department by the accused
persons but the same was also not paid and instead the same
was misappropriated by the accused persons. It is a clear cut
illustration of criminal misappropriation of money as well as
cheating. A copy of the Bill of Noida Authority towards the
water supply & Electricity bill is enclosed herewith for your kind
perusal.

M. The mother the accused person have been collecting the

money for the purpose of maintenance of the security in the
residential units and despite taking the said amount of money
from the 4th complainant, the accused persons have not been
making timely payment to Security Agency’s/ FM staff & other.
 Every now and then security and other staff are on strike for
non-payment of salary putting the society at times without
guards that’s a threat to security of 4th complainant and his
family for the purpose of providing security to the
complainants. There is no proper maintenance of lifts and
there have been instances where 4th complainant or his family
has got stuck in lift or lifts had free fall of 3-4 floors, thus being
life threatening for 4th complainant and his family. The accused
persons and their family have committed furtherance in the
offence of criminal misappropriation of money as well as
forgery which needs to be investigated.

N. It is pertinent to mention here that the accused persons have

been collecting huge amount of money from the complainants/
other home buyers and have not paid the land dues & and
other charges of “New Okhla Industrial Development
Authority”. The role of New Okhla Industrial Development
Authority should also be investigated, apart from taking a legal
action against the accused persons. The New Okhla Industrial
Development Authority was kind enough and allotted lands
one after the other to the accused persons. Noida Authority
continued to allot land to 3C promoters on only 10% payment
in different company names, even when payment was still
due. Noida Authority has staked claim of Rs.750 crore in the
ongoing NCLT case. Currie & Brown audit report has
mentioned clearly, that 3C promoters siphoned off Rs.650
crore from the project and Noida Authority is aware about the
same but still no action has been taken at their end. The
 accused persons have committed acts which are criminal in
nature as well as invite a civil action from the concerned
authorities of the State.

O. It is also pertinent to mention here that the accused persons

changed the sanctioned site plan of the residential units
without any prior approval from the complainants as per U.P.
RERA Act.

i. As per the Lease Deed dated December 29,

2009, of the land allotted by NOIDA to the builder,
this Group Housing Project in Sector 110, Noida,
Of the Granite Gate Properties Pvt. Ltd, and a
group company of the “Three C Group” and
named “Lotus Panache”, (U.P. RERA Registration
No. UPRERAPRJ9275) was to be completed and
an occupancy Certificate was required to be taken
from the NOIDA Authority, latest within 7 years
from the date of lease deed. This time limit for
construction has already expired on December
28, 2016. Builder cannot construct after this date,
unless he gets extension in time in writing from
the NOIDA Authority After paying extension
charges, WHICH HE HAS NOT DONE SO FAR.
ii. The map for this project was sanctioned by
NOIDA Authority, vide its sanction letter dated
January 25, 2012 and as per its Para 1, this was
valid only for 5 years, which has already expired
 on January 25, 2017. A revised sanction can be
granted only after the time for Construction is
extended by NOIDA Authority, as mentioned in
Para-1 above, which has not been done by the
builder so far.
iii. The total FAR allowed @2.75 was 4,51,330 sqm.
,which would be consumed by the builder only in
The 30 residential towers, already sold to more
than 4,000 flat buyers. Therefore, builder cannot
Construct the Tower 31(Commercial), unless he
avails the special 5% additional FAR to be
allowed Only after the 100% of the FAR @2.75
has been utilized, the occupancy certificate for the
building has been obtained from the NOIDA
Authority and the completed Building is certified
as “Green Building”, by a body competent to grant
such a certificate. As of now the project is not
even 50% Complete. Therefore, under no
Circumstances can the builder make use of this
Additional special FAR of 5%. The builder is
blatantly violating the Uttar Pradesh Real Estate
(Regulation and Development) rules, 2016. Some
of these violations are:-
iv. The building drawings, duly sanctioned by NOIDA
Authority have not been displayed at the Project
site.
v. The 70% of the total amounts collected by the
builder from the flat buyers have not been
 deposited in a separate account, inspite of the
affidavit given by the builder to RERA, UP,
Lucknow, as back as on August 16, 2017.
vi. The work on Tower 31/ Commercials should be
stopped immediately and also the bye-laws of the
New Okhla Industrial Development Authority
should be examined, which allows a commercial
Tower to be built and sold by the builder, in place
of a school and other common facilities to be
mandatorily Built by the builder/developer for the
use of the residents of his sector/ project. The
same was done in order to make unlawful gains
from the complainants. The accused persons
have put immense pressure on the complainants
at every instance when the complainants have
tried to reason with them. Further, the accused
persons have wrongfully enclosed the property of
the complainants i.e. the super area of the
residential units and for the said act they are also
liable for committing the offence of Criminal and
House Trespass punishable u/s. 441 and 442 of
the Indian Penal Code respectively. The same
needs to be investigated.

4. That investigating officer required to investigate the various

facts which have been submitted in the present application
about the conduct of the accused persons. The investigating
officer is required to corroborate the averments made by the
 complainant upon the facts as submitted in the preceding
paragraphs for ascertaining its authenticity.

2. That inspite of the filing of the Complaint on 19.07.2019 but

no action has been taken after lapse of considerable time.
That the Complainants had made many personal visits in
order to know the status of the Complaint but no information
with respect to the status of the Complaint before the PS-
Economic Offence Wing, Mandir Marg was given to them.
The copy of complaint dated 19.07.2019 written to the SHO,
PS – Economic Offence Wing, Mandir Marg, New Delhi is
filed herewith.

3. That complainants apprehend that the accused persons are

builders and man of means and are trying to sabotage the
fair and impartial investigation on the complainants of the
complainant and the concerned police officials are working
under their pressure and not investigating the complaint of
the complainant.

4. That hence the complainant has left with no option except to

approach this Hon’ble Court for the direction to the Police to
register a case against the Accused No. 2 to 17 and to further
conduct investigation in the said matter and loss caused to
the Complainants by the acts of cheating and deceiving the
general public at large.
5. That matter is urgent and therefore needs urgent directions
from this Hon’ble Court. It is submitted that no other such or
similar petition/application have been preferred by the
complainants before this Hon’ble Court or before Hon’ble
High Court or Hon’ble Supreme Court of India.

6. That the said offences have been done within in the

jurisdiction of PS-Economic Offence Wing, Mandir Marg as
most of the false promises, misrepresentations, inducing
assurances all were made at Greater Kailash, New Delhi only
and further all payments were made at the residential unit of
the accused persons only.

7. That the complainant has a right to bring to the notice of this

Hon’ble Court of his grievances, hence the present
application.

8. That the application has been filed in the most bonafide and
legal manner as available under law.

PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court in
view of the aforesaid averments may kindly be please to allow the
present application and further be please to pass the following
order/directions in the interest of justice:-
A. That the Accused No. 1 be directed by way of necessary
orders/directions for registration of F.I.R. against the above
named Accused Nos. 2 to 17 and others 406, 415,420,467
and 468, 120-B of IPC and with all other appropriate sections
under the law and/or;

B. That the Accused No. 1 is ordered/directed by way of

necessary orders/directions that the investigating agency/SHO
of concerned police station be also directed to submit its
report, proceedings or any other item before this Hon’ble Court
to enable the Hon’ble Court to take proper remedial action
against the Accused No. 2 to 17;

C. and/or other accused persons found to be engaged with

Accused No. 2 to 17 to accomplish the evil designs of
usurping the share of the complainant by forging and
fabricating the property documents and cheating and
deceiving the Complainants and the general public at large by
impersonating Accused No. 2 to be owner of the said property.

Any other relief’s and/or orders which this Hon’ble Court may deem
fit and proper in the facts and circumstances of the case may also be
awarded and passed in the facts and the circumstances in favour of
the Complainants and against the Accused’s, in the interest of
justice.

Complainant
 Through
ACHIN MITTAL
ADVOCATE
# 12 LGF, TODARMAL ROAD,
BENGALI MARKET,
NEW DELHI-110001
PH.NO.:- 011-41512266
MOB: +91-9811112729

NEW DELHI
DATED: