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2016 (12) TMI 1857 - HC - Indian LawsRegistration of FIR - EDC+IDC rates - violation of Rules and specifically Clause 7 that they have given advertisement before the sanctioning of the plan - Sections 420 and 406 IPC - HELD THAT:- The dispute between the parties is squarely covered under the Haryana Development and Regulation of Urabn Areas Act, 1975. As there is specific Act dealing with the offences committed under the Act, therefore, offences under Sections 420 or 406 IPC are not made out in this case. Furthermore, there is nothing on the record to show that the intention of the accused was to cheat the complainant. Even, it is not the case of the complainant that money was taken but no work was done. As argued, flats were not constructed within time and possession was not handed over within time, for which, as per the above-said Act, the complainant is entitled to other remedies but in no way, offence under Section 420 or 406 IPC is made out. The copy of the agreement has been placed on the record. In the agreement, it is written that IDC shall mean Infrastructure Development Charges as recoverable under the Provisions of the Act and shall include interest thereon/carrying cost of the Company, at the rate charged by the DTCP or 18% per annum, whichever is higher. The registration of the FIR in the present case is nothing but abuse of process of law and amounts to miscarriage of justice - petition allowed.
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