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To,

The Senior Superintendent of Police,

S. A. S. Nagar (Mohali).

Subject:- Re-investigation on my complaint bearing No. 257/ S.S.P. Dated

07/01/2022 vide which complaint against Sanjay Kumar Bhola son of Sh.

Gobind Lal and Pooja Bhola wife of Sanjay Kumar Bhola both resident of Flat

No. 103 -104, Block –G, Sushma Grand, Near Best Price Zirakpur.

Sir,

I, Abhishek Gupta son of Mr. Surender Kumar resident of House No. 1248,

Sector 21-B, Chandigarh, has given a complaint dated 06/01/2022 at Your

Goodself office and same got registered with No. 257/ SSP dated 07/01/2022.

Brief facts of the complaint:-

1. That I am resident of above mentioned address and is running my own

business of Architecture and Interior Designing under the name and style M/s The

Phoneix Global at # 228, Tricity Trade Tower Adjacent to Hotel Radisson, Patiala

Road, Zirakpur.

2. That accused person runs their business of immigration under the name

and style of Future Pathway (Overseas Education Consultants) at SCO No. 28-29-

30, Sector 9-B, Chandigarh. Since accused person Sanjay Kumar Bhola and Pooja

Bhola are well acquainted to me, they approached me and discussed the interior

designing of their Flats No. 103 & 104, Block –G, Sushma Grand, Near Best Price

Zirakpur. After discussing in detail they gave the contract to my firm and as per the

oral contract entire expense of material, labour, goods and designing required for

the interior designing of above mentioned flats would be borne by me and they will

pay the same to me in lump sum.

3. That, accordingly my firm did the entire interior designing work of both the

flats and even provided furniture, lightening, bathroom fittings etc. in the said flats.

After completion of the work of both flats, same were handed over to the accused
persons, who are completely satisfied with the work done by my firm. Apart from

these two flats, I also did the work of another flat of accused Sanjay Kumar Bhola

i.e Flat No.101, Tower G, Sushma , Grand, Zirakpur. Total cost incurred in

completing the interior designing work of all three flats was about Rs. 2,07,

77,749/-, out of which Rs. 1,81,12,342/- was incurred for the Flat No. 103 and

104. Out of Rs. 2,07,77,749/- an amount of Rs. 1,30,68,000/- has already been

received by me from the accused Sanjay Kumar Bhola on different dates and Rs.

26,65,406 were paid by the accused persons to different shopkeepers for

purchase of materials, fixtures and fittings. Detail of cost incurred and payment

made by accused person is already mentioned in my statement recorded by the

IO, same is not retrieated for the sake of brevity. However, balance amount of Rs.

50,44,343/- has not been paid despite my repeated request. Copy of bills,

whatsapp chat and e-mails are already supplied to the IO.

It is pertinent to mention here that in order to met out the expenses for the

interior designing work of all the above mentioned flats, I have taken money on

interest and paying Rs. 4 lakh interest per annum for the same.

4. That after completion of work, the accused persons, initially lingers on the

matter on one pretext or the other. Later on when I started pressurizing them to

make the payment of the said amount, Sanjay Kumar Bhola and his wife Pooja

Bhola lure me with the offer that against the said amount they will get PR of

Canada for me and my wife as they are in business of immigration. They further

told me that it would cost to about Rs. 60 lakh and by making deduction in the

amount which they have to pay me, I have to pay them Rs. 5,50,00/- to them. On

my specific question that they deal in the student Visas, he assured to get the

same as he is well aware of all the procedure and formalities of the PR cases of

Canada.

5. That believing their words, I accepted their proposal. Accordingly, I supplied

them all my document including passports, passport size photographs, Aadhar

card and PAN card, educational documents etc. and also paid them processing fee

of Rs. 2 lakh which accused Pooja Bhola and Sanjay Kumar Bhola collected from
my office in July 2021. They gave the assurance that our file will be processed and

very soon we will get VISA and PR of Canada. When after waiting sufficiently we

did not received any VISA and PR of Canada, I again approached the accused

person and demanded back my money. For some time they kept asking me to wait

for some time. Despite passing of more than 4 months nothing happened I started

asking them to pay the balance amount of my work and processing fee I paid to

them for PR of Canada but they flatly refused to return my outstanding amount and

processing fee which I paid to them for my PR of Canada. Infact, they threatened

me that if I again approach them for the said amount then they will kill me.

Left with no option I file the complaint with Your Goodself and accordingly

concerned Investigating Official after investigating the matter submitted its report to

the DSP (Headquater). At the time of investigation I submitted all the documentary

proof in support of my complaint.

6. That as per the report of DSP (Headquater) vide its detailed report bearing

No. 79/257/DSP (L) dated 06/07/2022 submitted to SSP District SAS Nagar,

recommended for the registration of FIR under Section 406,420 of IPC against the

accused persons.

7. That on the said report DSP, Cyber Crime & Forensic, District SAS Nagar

submitted his report dated 10/08/2022 to SSP SAS Nagar, stating as matter

related to trade/ transaction of remaining payment, is found to be civil in nature, no

action by police department is required on the complaint and recommended for the

closure of the complaint.

Reason for re-investigation:-

1. That the second report dated 10/08/2022 lacks any justified reasoning for

closure of present complaint.

2. That perusal of the report dated 06/07/2022 clearly shows that the DSP

(Headquater) after conducting the detailed preliminary investigation has

recommended for the registration of FIR. It also shows that I had submitted the

bills of work done in the flats, its photographs, site plan and even copy of whatsapp
chat that took place between me and the accused person. But same was ignored

by the DSP Cyber Crime & forensic.

3. That perusal of the statement of accused Sanjay Kumar Bhola show that he

although said that he will supply the documents showing that he has made the

entire payment to me but till date no document is submitted by him to the

investigating officer, which clearly shows that the case is made out against him

and it was rightly recommended for the registration of FIR against the accused

persons.

4. That perusal of statement of accused Sanjay Kumar Bhola and of report

dated 06/07/2022 clearly shows that he had not denied any of the bills submitted

by me and also not denied the whatsapp chat which I submitted in support of my

complaint.

5. That vide report dated 10/08/2022, the DSP Cyber Crime & Forensic has

taken the objection that no agreement of work was executed between the parties;

no bill of work was presented and no solid proof was produced by complainant in

respect of his submission that accused said to complainant that he will arrange PR

of Canada to complainant’s wife.

It is submitted that once the work done by my firm in the flats of accused

persons are not denied by them then it amounts to admission of the work and

needs of production of written agreement comes to end.

Perusal of the report dated 06/07/2022 and statement of Sanjay Kumar

Bhola clearly shows that the place from where the material was purchased and

payment made by them directly to shopkeeper are not denied by them. Even the

work as mentioned by me in my statement was also not denied. Once the

averments are not denied, it amounts to admission on the part of accused.

I specifically mentioned in my complaint as well as in my statement that

accused Pooja Bhola and Sanjay Kumar Bhola collected Rs. 2 lakh from my office

in the name of processing fee for preparation and submission of my file for VISA
and PR of Canada in the presence of Karandeep and Manpreet Singh. Even this

fact was not denied by the accused Sanjay Kumar Bhola in his statement.

6. That no investigation was done from the persons in whose presence

amount of Rs. 2 lakh was received by the accused persons i.e Pooja Bhola and

Sanjay Kumar Bhola in the name of processing fee.

7. That perusal of the report dated 06/07/2022 clearly shows that the DSP

(Headquarter) has recommended the registration of FIR after doing his own

preliminary investigation and recommend FIR for further investigation as same is

required to ascertain the truth.

8. That my submission is that despite the fact the accused persons are in

business of providing student VISA, still they lure me of providing PR of Canada in

lieu of payment of outstanding amount and collected Rs. 2 Lakh in the name of

processing fee and also took my documents. Without considering this the DSP

Cyber Crime & Forensic has ignored my allegation and without considering the

recommendation of DSP (Headquarter) submit the report. Since this aspect needs

the investigation therefore, I request to Your Goodself to kindly mark my complaint

for re-investigation.

In view of abovementioned reasons, I with my folded hand request

Your Goodself to kindly look into the matter and mark my complaint for re-

investigation, in the interest of justice, equity and fair play.

CHANDIGARH

DATED:

(ABHISHEKH GUPTA)

MOB:

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