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    Written Submission by Supporting Allotees - 298 of 2023

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    Shivangi Rajawat

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    © All Rights Reserved
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    Written Submission by Supporting Allotees - 298 of 2023

    Uploaded by

    Shivangi Rajawat
    5 views5 pages

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    Written Submission by Supporting Allotees- 298 of 2023

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    5 views5 pages

    Written Submission by Supporting Allotees - 298 of 2023

    Uploaded by

    Shivangi Rajawat

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    IN THE HIGH COURT OF DELHI

    AT NEW DELHI
    CRIMINAL M. C. NO. 298 OF 2023

    IN THE MATTER OF
    ASHISH BHALLA … PETITIONER
    VERSUS
    STATE & ANR. … RESPONDENTS

    INDEX
    S. PARTICULARS PG.
    NO NO.
    1. Written submission on behalf of the
    supporting Interveners/Impleaders.
    2. Proof of Service

    APPLICANTS
    THROUGH

    Indresh Upadhyay & Associates


    Advocates for the Applicants
    Chamber No. 914-915, Patiala House Court
    Place: New Delhi
    New Delhi- 110001
    Date: 22.07.2023 Mob-
    (91) 8010141010
    Email:
    [email protected]
    IN THE HIGH COURT OF DELHI
    AT NEW DELHI
    CRIMINAL M. C. NO. 298 OF 2023

    IN THE MATTER OF
    ASHISH BHALLA …
    PETITIONER
    VERSUS
    STATE & ANR. …
    RESPONDENTS

    WRITTEN SUBMISSIONS ON BEHALF OF THE


    SUPPORTING INTERVENERS/IMPLEADERS IN THE
    CAPTIONED MATTER

    1. The captioned petition has been filed by the Petitioner


    under Section 482 of the Cr.P.C. seeking the quashing
    of the FIR bearing No. 06/2023 dated 12.01.2023
    registered at Police Station Economic Offences Wing
    (EOW) New Delhi under Section 406, 420 and 120-B of
    the Indian Penal Code, 1860.

    2. The supporting intervenors/impleaders represent the


    rights and interests of the majority of allottees in the
    various projects being developed by the Petitioners
    group referred hereinafter to as WTC Group.

    3. Considering the financial setback caused on account of


    the unprecedented Covid-19 Pandemic, the directors of
    WTC Group called for a meeting with the majority of
    the allottees who agreed to a momentary halt of the
    assured returns being paid by the WTC Group, which
    was duly consented by the majority of the allottees
    including the supporting interveners/impleaders.

    4. Other Impleaders/Intervenors with the single-minded


    purpose of obtaining a refund have suppressed certain
    relevant facts that are material for adjudication of this
    petition. The Complainants and other impleaders
    /intervenors have deliberately omitted that the date of
    possession as per the UPRERA is in June 2025. The
    projects undertaken by the WTC Group are fully RERA
    compliant, with 5 projects already delivered and
    remaining timelines in 2024, 2025 and 2026. The fact
    that the projects are on track and most of the
    completion date is later is also judicially noticed by this
    Hon’ble Court vide order dated 17.01.2023.

    5. As a consequence of the proceedings before this


    Hon’ble Court, the minority of allottees before this
    Court either as Complainants or as
    intervenors/impleaders are trying to turn this Hon’ble
    Court into a forum of refund and recovery, instead of
    going to the appropriate forum i.e. Real Estate
    Regulatory Authority (RERA). RERA is the competent
    authority to ensure that the rights of all allottees are
    protected, instead of the few, and properly adjudicate
    whether a refund is to be granted or not, keeping in
    mind the rights of other allottees as well as the health
    and viability of the various projects.

    6. Furthermore, since the allegations raised in the


    complaint are already under investigation by the SFIO,
    no prejudice will be caused to the Complainants herein
    if the captioned petition is allowed, and if the
    allegations of siphoning are in fact true, the same will
    be uncovered by the SFIO being a specialized
    investigating agency with the necessary expertise to
    investigate the subject matter of the Complaint.
    However, great prejudice will be caused to the
    allottees if the impugned FIR is not quashed, since a
    second investigation on the basis of an identical
    complaint, by an agency not specialized or competent
    to investigate the same will only hamper construction
    and timely delivery of the various projects being
    developed by the WTC Group.
    7. Further, refunds being granted without balancing the
    rights and interests of all allottees concerned is also
    likely to take money away from the project, stifle
    construction, and leave the vast majority of allottees
    without the units they paid money for.

    8. In a case such as the present where the larger interest


    of the customers lies in the completion of the project
    and a smaller set of customers are seeking a refund,
    the primacy should always be given to the larger
    interest in the completion of the project and not
    towards the refund. Further, in recent judgements of
    the statutory authority, a test was laid down to
    determine the circumstances where the refund may be
    declined in favour of the completion of the project. The
    Haryana Real Estate Development Authority
    [hereinafter “HRERA”] in the judgement titled “Krishna
    Wats vs. CHD. Developers Ltd; Complaint No. 578 of
    2019” has set the test of determination on the basis of
    the percentage of completion of the project. In the said
    judgement, over 40-45% of the project had been
    completed, and hence HRERA held in favour of the
    completion of the rest of the project and declined to
    grant a refund to the customers. The relevant part of
    the judgement is extracted hereinbelow for the sake of
    convenience:
    “Keeping in view the interest of allottees and the
    completion of the project, the authority is of the view
    that rather than allowing the refund, the complainant is
    entitled to delayed possession charges.”

    9. Finally, the attention of this Hon’ble Court is also


    invited to the despicable nature of the Complainant
    Vishvendra Singh who is neither a bona fide investor
    nor an allottee in the projects being developed by WTC
    Group and has filed the complaint leading to
    registration of the impugned FIR merely to displease
    and cause harm to the aforesaid projects so as to
    unjustly benefit himself.
    APPLICANTS
    THROUGH

    Indresh Upadhyay & Associates


    Advocates for the Applicants
    Chamber No. 914-915, Patiala House Court
    Place: New Delhi
    New Delhi- 110001
    Date: 22.07.2023 Mob-
    (91) 8010141010
    Email:
    [email protected]

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