Court Orders FIR Against Builder Orchid Infrastructure For ‘Cheating’

A Gurgaon court has directed the police to register an FIR against eight officials, including the director and the managing director, of a private builder — Orchid Infrastructure Developers — for allegedly breaching the trust of buyers of one of its housing projects.

The court has asked the police to file a report by March 22.

The matter concerns a 800 crore group housing project, Orchid Island, with 1,200 apartments in Sector 51. As many as 97 buyers, who moved here in 2013, lodged a police complaint against the builder in the same year. In the complaint, they claimed that the society was not gated as promised in the buyer’s agreement. Besides, the builder set up diesel generators at a place that was earmarked for a park.

Also, despite being made to pay 15.35 per unit charges, the builder has not provided electricity more than two years after giving possession.

The counsel of the complainants claimed that it was for the first time in Gurgaon that a court has ordered police action against a builder for breaching the trust of buyers even after giving possession. Previous instances of cases against builders were about delay in possession or completion of the project.

“The complainants accuse that the builder cheated them at each and every point and their greed to cheat is increasing by the day,” Rajan Gupta, counsel for the complaints, said.

The complainants also alleged that the builder was harassing them by escalating charges for the super area — the space reserved for lifts, passageways and club houses in a building or society.

As there was no action from the police for a prolonged period, the buyers approached the magistrate court in Gurgaon.
“In the present facts and circumstances, a detailed investigation is required. Hence, in the interest of justice, the present application is sent for investigation and registration of FIR under sections 278/406/420/467/471/120B of IPC. The officer in charge of the police station concerned is directed to file the report on 22.3.2016,” said the order passed on February 22.

A spokesperson of Orchid Infrastructure said,” We have not receive the order. We will take future course of action once we get it.”