Gurugram court declares builder proclaimed offender over cheque bounce

The court further observed that the complainant had no detail of the property that was offered by the developer to her during the booking and only a bank account in which money was transferred. The court directed HDFC Bank branch at Dwarka’s Sector 5 in Delhi to attach the account.

A local Gurugram court declared a real estate developer a proclaimed offender for failing to deliver a project and honour the cheque given to homebuyers as a refund. The court also directed that the bank account of the developer be attached and sought a report on it by September 16.

The complainant had booked a 111-square metre plot in Behror (Rajasthan) in The Royal Garden project of ALD Infratech. (Picture for representation)

The order was issued in a case of cheque bounce.

Judicial magistrate Renu Solkhe, in her order, observed that the developer had failed to appear before the court despite repeated reminders and notices in the cheque bounce case and so, the court declared the developer a proclaimed offender and directed the police to take action appropriate action.

The court further observed that the complainant had no detail of the property that was offered by the developer to her during the booking and only a bank account in which money was transferred. The court directed HDFC Bank branch at Dwarka’s Sector 5 in Delhi to attach the account.

“Today, the case was fixed for the presence of the accused. The case has been called several times, but no one has come on behalf of the accused. It is already 12.30pm and a further wait is not justified. Therefore, this court is satisfied that the accused has absconded and is declared a proclaimed offender,” read the order.

Advocate Anju Rawat Negi said Mahabirpura resident Alka (30) had booked a 111-square metre plot in Behror (Rajasthan) in The Royal Garden project of ALD Infratech. “The booking was made in April 2014 and the complainant paid ₹2.65 lakh at the Sector 18 office here,” said Negi.

Even after three years, the developer failed to deliver the project and due to this Alka, the petitioner, cancelled her booking in 2017. The developer assured to refund the money, which was around ₹3.54 lakh with interest and handed over three post-dated cheques of ₹1 lakh each, one cheque of ₹2,500 and the remaining ₹49,768 in cash.

The cheque, however, was declined by the bank as the account holder has stopped payment.

“The cheque was declined,” said Negi, adding that when complainant unable to get any satisfactory replies from the developer she approached the court in September 2017.

Negi said that on November 7, 2017, the developer had appeared before the court and offered to settle the case, following which the case was referred to a mediation centre.

In February, the developer agreed to pay the outstanding amount and settled the matter out of court. “The developer agreed to settle before the mediation centre and he even paid around ₹1 lakh and assured to pay the rest,” Negi said.

Negi said that the developer failed to fulfil his promise and stopped appearing before the court since June. “Despite repeated reminders and notices, the developer failed to appear before the court,” said Negi.

Negi said they are going to file another application in the court for attaching the Sector 18 office of the developer.

Despite repeated attempts and text messages, the developer did not respond.