TMI Blog2016 (12) TMI 1857X X X X Extracts X X X X X X X X Extracts X X X X ..... inant 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 jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anesh Buildcon Pvt. Ltd. . It is stated that complainant was asked to pay EDC+IDC at the rate of ₹ 382/- per sq.ft., as was mentioned in the payment plan in two installments of 50% each in July 2011 and August 2012. Later on, complainant came to know through RTI application that rate of EDC was ₹ 258.093 lakh per acre and IDC was ₹ 625/- per sq. mtr. They fixed the rate at ₹ 382/- and levied the same from the complainant. When they issued form LCIII or LOI, the applicable EDC+IDC rate came down to ₹ 275/- per sq.ft. However, complainant was asked to pay ₹ 382/- per sq.ft. It is also in the FIR that builder collected money before obtaining licence and building plan approval in February 2011 whereas licence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any person who contravenes any of the provisions of this Act or the rules made thereunder or any of the conditions of a licence granted under section 3 shall be punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. It is also stated/provided that where any of the provisions of section 9 are contravened the punishment of imprisonment shall not exceed six months. Section 11 states that no prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorized in writing by him in this behalf. In the FIR itself, it is written that accused have violated the terms and conditions of the licence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereon/carrying cost of the Company, at the rate charged by the DTCP or 18% per annum, whichever is higher. In the agreement, EDC has also been defined that EDC shall mean the External Development Charges as recoverable under the Provisions of the Act and shall include interest etc. Therefore, the perusal of the agreement shows that the offence, if any, has been committed, it has been committed under the Haryana Urban Development Laws and as per Section 11 of the said Act, no prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorized in writing by him in this behalf. No previous sanction of the Director or any person authorized in writing has been o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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