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Community forum for members, residents and investors of BPTP Parklands Plots and Villas Faridabad. Spread across sectors 75, 76,77, 80, 81, 82, 83, 84, 85, 86, 88 and 89 (Faridabad)

How to file case with EOW and file an FIR?

Postby ykm » Thu Nov 28, 2013 10:28 am

Looking for advice from forum members on how can
- a case be filed with EOW against bptp? can it be done remotely?
- an FIR be filed against bptp? can this be done remotely? perhaps not but would like to get your opinion as I don't live in NCR.

Below is the background on why I plan to file the above cases:

We have a bptp plot (supposedly) in sector S and had paid 95% of the total cost about 2.5 years ago. There is no progress on the site and the plot does not appear in generally available maps with RE agents. Only one copy of the map in bptp's Gurgaon office seems to have this plot demarcated on paper but no one else knows about the plot. There is certainly nothing on the site.

Apart from filing a case with EOW and filing an FIR, are there other options that can be tried? Will it be advisable to sell the plot in current market situation if I can find a buyer?

Thanks!
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Re: How to file case with EOW and file an FIR?

Postby naveenarichwal » Thu Nov 28, 2013 11:36 am

Sir You have to send a written complaint with all the proofs of advertisement, receipts of payment you made to BPTP, any BBA(Builder Buyer agreement) or any type of agreement you had done with BPTP, also the copy of communications that you did with BPTP. Plus the Proof from say RTI that you got the information that The Plot does not exist on Ground, or BPTP is not in possession of this plot. This complaint has to be done to Commissioner of Police Fbd,(cp.fbd@hry.nic.in), DGP, Haryana,DGP,Haryana(police@hry.nic.in) by both email and post and take the Diary number of your complaint from Commissioner of Police Fbd. If their is any substance in your complaint the Complaint will automatically be transferred to EOW.

Most certainly the police will always say that they will investigate the case and than decide about FIR. You have to give some time to police to do that and take constant follow up from police. If it appears to you that the police is doing deliberate delay, than you can approach the Magistrate in Court , with Help of a Advocate. and File a Complaint to Magistrate. under Section 156(3).

I want to know from some expert that instead of Going to the Police can a Victim go directly to the Magistrate and complain?
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Re: How to file case with EOW and file an FIR?

Postby naveenarichwal » Thu Nov 28, 2013 11:38 am

If you sell such plot to a third party, you become equal partner in the Crime. i.e You and BPTP joint hands to loot the third party. Hence you may be answerable in Court case latter on .
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Re: How to file case with EOW and file an FIR?

Postby dheerajjain » Thu Nov 28, 2013 12:21 pm

Yes, I agree with Dr. Naveen Arichwal. First, you have to get your facts right like you have mentioned Sector S. There is no Sector S in Faridabad. Get all relevent information with communications and file a criminal complaint with Police for Cheating, Criminal Conspiracy etc.. According to recent Supreme Court judgment, Police after receiving complaint mandatory has to get it converted to FIR within 7 days or reject the complaint with proper reasons. You may have to go to concerned Police Station for signatures/recording statements etc.
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Re: How to file case with EOW and file an FIR?

Postby Jayanta » Thu Nov 28, 2013 12:24 pm

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Re: How to file case with EOW and file an FIR?

Postby naveenarichwal » Thu Nov 28, 2013 1:07 pm

http://articles.timesofindia.indiatimes ... -bench-fir
FIR must in complaints about serious offences: Supreme Court

NEW DELHI: The Supreme Court on Tuesday made it mandatory for police to register a first information report on receiving a complaint about a serious offence, freeing criminal investigation from the rampant abuse of discretionary powers by the local thana in-charge.

"If discretion, option or latitude is allowed to the police in the matter of filing of FIRs, it can have serious consequences on the public order situation and can adversely affect the rights of the victims, including violation of their fundamental right to equality," said a five-judge constitution bench of Chief Justice P Sathasivam and Justices B S Chauhan, Ranjana P Desai, Ranjan Gogoi and S A Bobde.
Writing the judgment for the bench, Justice Sathasivam said, "It would be incongruous to suggest that though it is the duty of every citizen to inform about commission of an offence, but it is not obligatory on the officer-in-charge of a police station to register the report."

This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused.

"Registration of FIR is mandatory under Section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situations," the court said. The Indian Penal Code (IPC) categorizes those offences as cognizable which attract a minimum of three years imprisonment as punishment.

Apart from refusing to register FIRs on complaints by the poor and the marginal, the police develop cold feet in recording an FIR if the accused is an influential person. Refusal to register FIR in such cases would be punishable, the court warned. From now, police must register FIR and can close it if they find no evidence to substantiate the charges made in the complaint after investigation.

"The police cannot avoid their duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register an FIR if information received by them discloses a cognizable offence," the bench said.

A two-judge bench of the apex court had in 2008 ruled that registration of FIR was mandatory on complaints alleging commission of serious offences. But given the wide ramification of the issue, it was later referred to a five-judge constitution bench. The constitution bench, which agreed with the two-judge bench, said if the complaint or the information received "did not disclose a cognizable offence but indicated the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not".

"The scope of the preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence," the court said and fixed a seven-day limit for the police to complete the preliminary inquiry. If the preliminary inquiry leads to closure of the complaint, the police officer must inform the complainant about the decision and the reasons behind it, the court said while limiting the preliminary inquiry process to a select few categories of cases.

"As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The categories of cases in which preliminary inquiry may be made are—matrimonial and family disputes, commercial offences, medical negligence cases, corruption cases and those involving abnormal delay in initiating criminal prosecution, for example, an over three-month delay in reporting the matter without satisfactorily explaining the reasons for delay," the bench said.
Importantly, the court ordered the police to enter in its daily diary all information received about cognizable offences prior to registration of FIR.

"Since the general diary/station diary/daily diary is the record of all information received in a police station, we direct all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, to be mandatorily and meticulously reflected in the said diary and the decision to conduct a preliminary inquiry must also be reflected," the bench said.
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Re: How to file case with EOW and file an FIR?

Postby naveenarichwal » Thu Nov 28, 2013 1:10 pm

Section 420, 120B are cognizable offences & hence the Supreme court order applies to this case too.If the Police denies or delays the filling of FIR this will be the contempt of Supreme court order.
So Go ahead and file the complaint with all necessary documents.
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Re: How to file case with EOW and file an FIR?

Postby dheerajjain » Thu Nov 28, 2013 2:06 pm

Yes and after FIR is filed, it will be transferred to Economic offense Wing (EoW) of Police for investigations.
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Re: How to file case with EOW and file an FIR?

Postby naveenarichwal » Fri Nov 29, 2013 1:32 pm

The attachment is the SC order which clearly states that Police has to first register the FIR and Than Investigate in cases of Cognizable offence.
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Re: How to file case with EOW and file an FIR?

Postby ykm » Wed Dec 04, 2013 10:32 pm

Thanks naveenarichwal, dheerajjain and jayanta !!

The information and the links you provided will help me document and file my case.

I had mentioned sector S in my post, which is incorrect... it should have been Block S. I guess I will need to be careful in framing my complaint and have the facts straight so that police can't reject it on that basis :-)
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Re: How to file case with EOW and file an FIR?

Postby ykm » Sun Dec 08, 2013 6:10 pm

naveenarichwal wrote:Sir You have to send a written complaint with all the proofs of advertisement, receipts of payment you made to BPTP, any BBA(Builder Buyer agreement) or any type of agreement you had done with BPTP, also the copy of communications that you did with BPTP. Plus the Proof from say RTI that you got the information that The Plot does not exist on Ground, or BPTP is not in possession of this plot. This complaint has to be done to Commissioner of Police Fbd,(cp.fbd@hry.nic.in), DGP, Haryana,DGP,Haryana(police@hry.nic.in) by both email and post and take the Diary number of your complaint from Commissioner of Police Fbd. If their is any substance in your complaint the Complaint will automatically be transferred to EOW.

Most certainly the police will always say that they will investigate the case and than decide about FIR. You have to give some time to police to do that and take constant follow up from police. If it appears to you that the police is doing deliberate delay, than you can approach the Magistrate in Court , with Help of a Advocate. and File a Complaint to Magistrate. under Section 156(3).

I want to know from some expert that instead of Going to the Police can a Victim go directly to the Magistrate and complain?


Mr. Naveen,

I have collected all the documents to file a case with commissioner of police Fbd and DGP Haryana (as you suggested in your post). I wanted to check where can I get address for the Commissioner and DGP to send the complaints via post? I tried to search on the net but could not find anything specific.

Also, the BBA document has 30+ pages and the scanned size of all the pages put together is very large. Will it be ok to not send the BBA copy via email but send them in the postal complaint?

Thx
Yogesh
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