Complaint Details

Status	:	Closed
Complaint No	:	0037348/2014
Category	:	Real Estate
Date	:	26-10-2014
Subject Line	:	FRAUD AND CHEATING BY NK GUPTA RUN HOUSING SOCIETY
Complainant	:	SHAKUNTLA AGARWAL
Address	:	601,NEELKANTH HEIGHTS
Complainee	:	Manglam Group run housing society
Address	:	APEX MALL, TONK ROAD

Complaint Details
IN THE CHEATING AND FRAUD CASE AGAINST THE MAHAVIR HOUSING CO-OPERATIVE SOCIETY LTD.
Purchased a plot no. 28, Rishi Nagar Yojana measuring 245 sq.yds on 07-12-1991 from the Mahavir Housing Society, Jaipur.
The society allotment letter is signed by Shankar Lal Khunteta as President and K G Maheshwari, as Coordinator. The sale agreement ( IKARARNAMA) with Kashtkars is signed by N K Gupta as Secretary of the society.
We have enquiring about the JDA Patta. It was informed that soon JDA Camp will be organized and patta will be issued.

When tried to meet with the office bearers of the society for JDA Patta in 2009. Shankerlal Khunteta President at 13,Agrasen Colony, Gangori Bazar the registered address mentioned in the allotment letter, told that society is in the control of N K Gupta, Mangalam Group,Apex Mall . As per the record available since 02-05-90 the society is under the control of N K Gupta, his relatives, friends and employees.

THE FRAUD and CHEATING

The land for the YOJANA was purchased on Sale Agreement. The society did not get it registered and did not obtain a conveyance deed as per Section 54 of the Transfer of Property Act. Supreme court has declared all transaction on sale letter and GPA as illegal and held that they do not confer any rights on the property. Without getting title of the land, the society selling the plot is illegal.
A part of the land was purchased from a Kashtkar family belonging to reserved category. This was illegal. Development of any YOJANA on land belonging to reserved category people is against the law. The society could not have got conveyance deed and title on its name.
The land remained in the names of Kashtkars as agriculture land in the revenue records of the government. It was acquired by Rajasthan Housing Board in the year 1994. These fact societies hide from us and all. They keep on telling a lie that soon JDA Camp will be held, patta will be issued.
The YOJANA was not submitted to competent authorities with local bodies. Society did not get it approved from JDA . Society lied to me about JDA Camp and Patta despite they knew full well that the agriculture land has been acquired by Rajasthan Housing Board in 1994.
Police Complaint and FIR.
Police complaint was made on 15-07-2009 IG Range-I
It was converted to a PE C-117 on 17-2-2011 and then FIR 77/12 under 406,420 and 120B against office bearer of the society in JDA Thana.
Police hurriedly filed a FR 146/12 in April 2012 in the CJM/ACJM courts of District Courts of Jaipur Metro. We made protest but IO did not listen as he was under influence of N K Gupta who has become a BIG Builder.
Protest Petition and ACJM Court Order
The case came up for hearing on 11-04-2014. A protest Petition filed with facts as listed in Para 5 against the prime accused Shankarlal Khunteta, N K Gupta and K G Maheshwari the then President, Secretary and Convener of the YOJANA .
The court decided the petition on 8 th May 2014.
Though the Investigating Officer in his FR has stated that the society has paid some amount to 97 members and is ready to pay to remaining 11 including me, therefore the society has not done a cheating, the court rejected this plea and held that the IO has erred in reaching to this conclusion as facts are otherwise.
Based on the facts stated in para 5 , the court concluded that it is case of cheating.
The investigation by IO is incomplete and stands unaccepted by the court.
The court ordered IO to submit a report in three months ( ended on 8th August 2014) covering following points:
How the society sold plot without obtaining its land title in their favor.
How the society obtained the legal ownership of land purchased from reserved category.
Current Status
We meet with JDC, CCE at JDA and SHO several times from May2014 till JDA Thana was closed. Despite instructions from seniors IO did not take much action on the court order.
From July 2014 we have meet with Police Commissioner, Addl CP(crime) and Addl CP (Law and order) and IO. We have submitted memorandums with documents obtained under RTI about the cheating and fraud by NK Gupta controlled society. Despite instructions and assurances from senior officers , we are at loss to understand why IO is allowed to sleep over the case. He filed FR in hurry on the behest of prime accused and now as there is a court order and documents to prove the fraud and cheating by N K Gupta controlled society, he has gone easy.
As per laid down procedures of CRPC, investigation and statements of the people who knows most about the incident, should be recorded first. IO till today has not recorded and investigated Shankerlal Khunteta, N K Gupta and K G Maheshwari dispite demanded several times to him and his superiors. There is a conspiracy to save N K Gupta.
It is now around five months since court has declared it a case of cheating, but JAIPUR POLICE is conveniently sleeping over it and NOT taking any action as name involved is a BIG BUILDER.

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