Legal Question in Criminal Law in India

I entered into a collaboration with a builder to construct 5 floors on my plot. I did not give any GPA to builder. Builder was to get Ground and Basement if he constructed the 5 floors within 2 years of agreement. Builder did not construct the 5 floors but only constructed ground and basement and sold same to third parties called Blue Chip Constuction Co and P.K.Mathur in 1992. Builder laid the structure for 1st, 2nd and 3rd floors and subsequently multi-litigations cropped between myself and the builder as the property got sealed by the MCD and continues to be sealed till date. The Builder, BCCCo and P.K.Mathur broke the seals and started to live in the property. The builder gave one possession letter to Pramod Dang( owner of BCCCo) and one General Power of Attorney to P.K.Mathur. On the basis of these documents, one unknown person called Sita Ram Dang got a new electric connection installed in the basement of my property. I have challenged this installation but BSES Rajdhani Power Limited says this meter is dis-connected as of now.
P.K.Mathur colluded with DVB officials, apparently paid them bribe and on the basis of the GPA, he got my meter (installed on the ground floor in my name) transferred onto his name in 2001. I have challenged the same but BSES Rajdhani Power Limited says " A show cause notice was served to P.K.Mathur on 11-04-2012 calling upon explanation and to showcause of Transfer of connection in his name and to produce the copy of relevant documents. In response to this notice, P.K.Mathur furnished a letter stating that he had applied for Name change in the year 1999 alongwith notarized copy of GPA. He has also furnished a copy of letter issued by the then official of erstwhile DVB authenticating Name Change." I telephoned BSES Rajdhani Power Limited and asked for copies of these letters but they have declined. What should be my course of action? I have a copy of the GPA that Builder has given to P.K.Mathur. Should I sue P.K.Mathur or BSES Rajdhani Power Limited or both. This is a case of cheating and P.K.Mathur needs to be tried under the relevant criminal law and the DVB official needs to be either dismissed or if he has retired then his pension needs to be cut for disciplinary action and he needs to face trial for forgery too.

Asked on 5/08/12, 1:25 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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09.05.2012

Dear Sir / Madam,

Although you have entered into a collaboration (Memorandum of Understanding) with the Developer / Builder which ought to have been subject to the passing of plans by the Delhi Municipal Corporation, to prevent it from being a deemed unauthorized construction, as may be in your case. I will be able to comment if I know the entire contents of your MOU. Since the plot is not sold to the builder, you continue to remain the sole owner of the property. Your first line of action will be unidirectional only against the Builder, through the local Police first.

You may issue a copy of the Police complaint to BSES Rajdhani Power Limited (formerly Delhi Vidyut Board) questioning them on how they transferred your electricity meter in the name of P K Mathur without your knowledge and written consent, and specifically asking them for a written reply within 15 days. BSES Rajdhani Power Limited need to be taken to task.

You can mail me for any further on-line advice at [email protected]

Regards,

Answered on 5/08/12, 8:35 pm

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